CompFox AI Summary
Applicant Yolanda Romo-Rodriguez sought penalties under Labor Code § 132a, alleging the County of Santa Barbara discriminated against her by denying a 9/80 work schedule after her industrial injury. The WCJ denied the petition, finding no evidence applicant was singled out due to her injury, as others in her training class also worked 40-hour weeks. The employer demonstrated a business necessity for the 40-hour schedule due to call center performance demands. The Appeals Board denied reconsideration, upholding the WCJ's findings.
Full Decision Text1 Pages
Applicant Yolanda Romo-Rodriguez sought penalties under Labor Code § 132a, alleging the County of Santa Barbara discriminated against her by denying a 9/80 work schedule after her industrial injury. The WCJ denied the petition, finding no evidence applicant was singled out due to her injury, as others in her training class also worked 40-hour weeks. The employer demonstrated a business necessity for the 40-hour schedule due to call center performance demands. The Appeals Board denied reconsideration, upholding the WCJ's findings.
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