Section 391-45-410 - Unfair labor practice remedies-Back payIf an unfair labor practice is found to have been committed, the commission or an examiner shall issue a remedial order. In calculating back pay orders, the following applies:
(1) Individuals reinstated to employment with back pay must have deducted from any amount due an amount equal to any earnings the employee may have received during the period of the violation in substitution for the terminated employment, calculated on a quarterly basis.(2) Individuals reinstated to employment with back pay must have deducted from any amount due an amount equal to any unemployment compensation benefits the employee may have received during the period of the violation, and the employer shall provide evidence to the agency that the deducted amount has been repaid to the Washington state department of employment security as a credit to the benefit record of the employee.(3) Money amounts due are subject to interest at the rate that would accrue on a civil judgment of the Washington state courts from the date of the violation to the date of payment.Wash. Admin. Code § 391-45-410
Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 28B.52.073, 41.56.160, 41.59.150 and 53.18.015. 00-14-048, § 391-45-410, filed 6/30/00, effective 8/1/00; 90-06-074, § 391-45-410, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-048 (Order 80-7), § 391-45-410, filed 9/30/80, effective 11/1/80.