Sampson

Under the Labor Code, if an employer fails to pay overtime compensation, the employee may file a civil action (Lab. Code, § 1194) or may pursue an administrative remedy set forth in sections 98 et seq., by filing a complaint with the Labor Commissioner (hereafter commissioner). Section 1194 provides in pertinent part that an “employee is entitled to recover in a civil action the unpaid balance of the full amount of . . . overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.” In this case, we must decide whether the term “civil action” as it appears in section 1194 means only actions filed in court, or whether it also includes administrative proceedings before the commissioner to recover overtime wages. We conclude that a civil action is one filed in court. We further conclude that because appellant George Sampson (Sampson) elected to pursue his administrative remedy, his right to recover attorney fees is not governed by section 1194, but by section 98.2, subdivision (c). The right to recover attorney fees in that code section is limited to those fees incurred on appeal from the commissioner’s decision. On this basis, we affirm…