(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.
(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.
(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.
(Added by Stats. 2018, Ch. 718, Sec. 1. (AB 2751) Effective January 1, 2019.)