REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest

Single Topic for Decision 2002E

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* * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2014) PERB Decision No. 2359. * * *
Based on a finding that the employer unlawfully imposed a 4/10 workweek on employees, the Board ordered the employer to restore vacation credits and compensatory time off to employees who used those forms of leave to avoid working 10-hour days. The Board also ordered the employer to pay back pay with interest to employees who used leave without pay to avoid working 10-hour days. The Board denied the union’s request for overtime pay because the record did not establish that the employer’s unilateral implementation of the 4/10 workweek caused employees to lose overtime hours to which they otherwise would have been entitled.