REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest
Single Topic for Decision 2544Ea
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1201.03000 – Back Pay; Interest
PERB described the methodology for calculating various components of reinstated employees’ net losses. To estimate net lost wages (before interest), it is proper to project the annual wages an employee would have received if still working for the employer, and then to subtract wages earned from alternative jobs the employee could not have held while employed with the employer. If an employee’s offsetting wages equal or exceed the employee’s projected wages with the employer in any year, then the employee’s net lost wages for that year are zero. Excess offset income from one year neither offsets losses in a different year nor offsets benefits-related losses.