REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest
Single Topic for Decision 2544Ea
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1201.03000 – Back Pay; Interest
Interim employment expenses are a type of consequential damages that are recoverable in full and do not offset interim employment earnings for purposes of calculating net backpay (overruling Otay Water District (2004) PERB Decision No. 1634-M to the extent it is inconsistent with this decision). Thus, a compliance officer should calculate interim employment expenses as a stand-alone form of consequential damages rather than as part of determining net lost pay. Under this approach, compliance officers should award interim employment expenses in full, with interest, regardless of an employee’s employment earnings.