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Miller v. Southwest Airlines Co., ND CA Case No. 12-03482

In January 2014 Legislature enacts Labor Section 244 after Court rules that Smith Patten’s client was required to exhaust whistle blower claims before Labor Commissioner. This new section provides that it is not necessary for an employee to exhaust administrative remedies in order to bring a civil action for violation of any provision of the Labor Code unless the section under which the action is brought expressly requires exhaustion of an administrative remedy. This will make it easier for lawsuits to be filed against employers.

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