PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Agents (See also 1400)

Single Topic for Decision 2384H

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Under broad principles of agency used in federal labor law and adopted by PERB, there exists a rebuttable presumption that an employer is responsible for the conduct of its supervisors. An employer’s responsibility for the coercive acts of its representatives is not limited by the technical rules of agency or respondeat superior; questions of agency must be determined with reference to the statute’s remedial purpose of protecting employee rights.