Tort Claims Act requires that when seeking money damages, a claim has to be made with the public entity first, and a private suit can only f...

Question

Tort Claims Act requires that when seeking money damages, a claim has to be made with the public entity first, and a private suit can only follow if the claim is rejected. However, is an FMLA claim subject to that requirement?

Answer

No, but the employee must still fulfill its administrative prerequisite by either filing a complaint with the DFEH for CRFA violations or with the EEOC if complained of under the FMLA.

Answer

I stand corrected. There is no administrative exhaustion requirement under the FMLA, although a complaint can be filed with the Wage and Hour Division of the United States Dept. of Labor, Employment Standards Administration. My answer for claims under the CFRA remains correct.