Cal. Lab. Code § 1149.3
Agricultural Labor Relations Board: Organization
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2023
As of January 1, 2019
(a) The board shall process to final board order all decisions concerning make-whole awards, backpay, and other monetary awards to employees, within one year of any board order finding liability for that award, unless the board certifies to the parties that there is good cause for exceeding this time limit and provides a reasoned explanation for the assertion of good cause.
(a) In cases that the board is required to determine the specific amount of a monetary remedy before issuing a final board order pursuant to Section 1160.3, the determination shall be completed within one year of any board order finding unfair labor practice liability and directing the payment of a monetary remedy.
(b) If the board has already made a finding that an employer is liable for a make-whole, backpay, or other monetary award to an employee or employees, and a compliance proceeding is necessary to determine the specific amount owed by the employer, the board shall process to final board order a decision concerning the amount or amounts owed within one year of the time that a final decision on employer liability has been made by the board, unless the board certifies to the parties that there is good cause for exceeding this time limit and provides a reasoned explanation for the assertion of good cause. For purposes of this subdivision, “final decision on employer liability” means either the date when a board order concerning liability becomes final because no appeal was sought or the date when a reviewing court dismisses an employer’s appeal or decides in favor of the board concerning the employer’s liability.
(b) In cases that a determination is made concerning the amount of a monetary remedy that is continuing to accrue as described in Section 1160.3, and the board is required to determine any additional portion of the monetary remedy that has accrued after a final decision on employer liability, the board shall process to final board order a decision concerning the additional amount or amounts owed within one year of a final decision on employer liability, unless the board certifies to the parties that there is good cause for exceeding this time limit and provides a reasoned explanation for the assertion of good cause. For purposes of this subdivision, “final decision on employer liability” means the date when a board order determining the specific amount of a monetary remedy owed by a respondent found to have engaged in an unfair labor practice becomes final because no appeal was sought or the date when a reviewing court dismisses an employer’s appeal or otherwise affirms the board’s order.
(c) If an employer’s liability and compliance proceedings are consolidated, the board shall act reasonably and without delay in reaching a final decision concerning the liability and amounts owed to workers, and shall explain to the parties any good cause for delay.
(c) If an employer’s liability and compliance proceedings are consolidated, the board shall act reasonably and without delay in reaching a final decision concerning the liability and amounts owed to workers, and shall explain to the parties any good cause for delay.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.