Recent NLRB Decisions Impose Stiffer Interest Penalties and New E-posting Requirements on Employers


In a pair of recently issued decisions, the National Labor Relations Board (“NLRB or “the Board”) adopted two new remedial policies. Now, interest on all NLRB monetary awards will be compounded on a daily basis, rather than a simple-interest basis. The Board also now will require many employers to notify workers electronically of NLRB remedial notices.

In Kentucky River Medical Center, 356 NLRB No. 8, the Board unanimously determined that interest on all monetary awards now will be compounded daily, noting that many other federal regulatory bodies, including the IRS, have implemented a similar policy. Previously, interest had been imposed on such awards on a simple-interest basis. Although this decision will not be applied retroactively, it will apply to any case currently pending before the Board.

In J&R Flooring, 356 NLRB No. 9, the Board, in a 3-1 decision, held that any employer who “customarily” communicates with its employees electronically must now distribute remedial notices through those same electronic means. Specifically, any employer using e-mail, the internet, or an intranet site to communicate with employees now will be required to post NLRB remedial notices through these mediums in addition to posting a hard copy of the notice on a company bulletin board.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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