1. (a) A specification concerning the amount of backpay owed to an employee or employees shall specifically and in detail show, for each employee:

   1. (1) The backpay period;
   2. (2) The amount of gross backpay owed, the method of its computation, the data used in making the computation, and the reasons for selecting the method and data utilized;
   3. (3) The amount and source of interim earnings, the method of allocation, e.g., weekly average, and the reasons for selecting that method;
   4. (4) Amount and type of expenses claimed;
   5. (5) Net backpay, including the method of calculation and the reasons for selecting that method.
   6. (6) Missing or deceased discriminatees and the requested method for handling their claims;
   7. (7) The interest due to the date of the specification and a demand for appropriate interest thereafter; and
   8. (8) Any other pertinent information.

2. (b) A specification concerning the amount of bargaining makewhole due to employees in a represented bargaining unit or units shall specifically and in detail show for all employees entitled to bargaining makewhole, including employees entitled to a makewhole supplement to backpay:

   1. (1) The bargaining makewhole period;
   2. (2) Actual gross earnings, or gross backpay for discriminatees not working during the bargaining makewhole period;
   3. (3) The bargaining makewhole wage rate; the comparable contract(s) or other economic measures upon which it is based, together with the reasons for their selection; and the manner in which the makewhole rate was derived from the comparable contract(s) or other economic measures;
   4. (4) Fringe benefits owed, the contract(s) or other economic data from which they were derived, the reasons for utilizing the contract(s) or other data, and the method by which fringe benefits were derived from the contract(s) or other data;
   5. (5) Net bargaining makewhole and/or bargaining makewhole supplement due;
   6. (6) The interest due to the date of the specification and a demand for appropriate interest thereafter; and

   7. (7) Any other pertinent information.

      (c)(1) Where, for good cause alleged and established at hearing, the regional director is unable to prepare a full specification as described in subdivisions (a) or (b), the regional director may issue a partial specification alleging in detail all information which is reasonably ascertainable, and the matter shall proceed on that basis.

   8. (2) If the regional director's inability to prepare a full specification is attributable to a respondent's failure to produce records needed to determine or calculate the amount of a monetary remedy ordered by the Board, the respondent's noncooperation shall be pled by the regional director in the partial specification. If the respondent's noncooperation relates to the regional director's efforts to calculate gross earnings or backpay amounts, the regional director may include in the partial specification a reasonable approximation of the gross earnings or backpay amounts based on data available to the regional director. A partial specification under this paragraph shall be accompanied by a motion to preclude the respondent from disputing the regional director's calculations or introducing evidence previously demanded by the regional director.
3. (d) In appropriate circumstances, the regional director may file a notice of hearing, without a specification, containing a clear and detailed statement of the matters in controversy and any relief sought. The regional director shall include in the notice of hearing the reason or reasons for dispensing with a specification and must substantiate such reasons if they are called into question during the course of the proceedings.
4. (e) Where the regional director believes that a person not named in a Board order, court decree, or final administrative law judge's decision, is jointly or derivatively liable to comply with such order, decree, or decision, that liability may be determined in a compliance proceeding initiated under this section or section 20293 in which the regional director has named the person as a respondent and has alleged the legal and factual basis for their joint or derivative liability.

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1149.3, 1160.3, 1160.8 and 1160.11, Labor Code.

History

1. New section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).

2. Editorial correction of subsection (c) (Register 96, No. 52).

3. Amendment of subsection (b) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

4. Repealer and new section filed 4-7-2025; operative 4-7-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 15).