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The National Labor Relations Act › Back Pay

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Fisher Phillips

House of Cards? How the $2.7 Billion NCAA Settlement Might Transform the Employment Status of Student-Athletes

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The National Collegiate Athletic Association is on the verge of settling a major antitrust lawsuit that may radically alter the equation when it comes to student-athlete employment. The pending settlement in House v. NCAA...more

Kohrman Jackson & Krantz LLP

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

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In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2023

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LABOR & EMPLOYMENT - Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers - Last year, the National Labor Relations Board, the agency tasked with enforcing employee rights...more

Foley & Lardner LLP

Landmark NLRB Decision Expands Labor Violations

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As we’ve recently informed our readers, the National Labor Relations Board (“NLRB” or the “Board”) ended 2022 with a series of consequential decisions for employers. One such decision – issued on December 13, 2022,...more

Foley & Lardner LLP

NLRB Leaves Lumps of Coal In Employers’ Holiday Gift Bags

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The National Labor Relations Board (NLRB or the “Board”) has issued a series of recent decisions that will give employers concern in 2023 and beyond. First, on December 13, 2022, the Board issued a decision that greatly...more

Stevens & Lee

New NLRB Ruling Expanding Remedy Will Likely Lead to More Litigation

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Based on a recent ruling by the National Labor Relations Board in an unfair labor practice case, employers should prepare to show that pecuniary harm would have occurred in the absence of an unfair labor practice or that harm...more

Steptoe & Johnson PLLC

National Labor Relations Board Allows Recovery of Consequential Damages for Unfair Labor Practices

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For many years, employers that have been found in violation of the National Labor Relations Act (NLRA) had to pay traditional make-whole remedies to their employees, which mostly included back pay and reinstatement. However,...more

Proskauer - Labor Relations Update

A Direct Hit: NLRB Expands Make-Whole Remedies to Cover All “Direct or Foreseeable” Financial Harm

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In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior posts here and here), the National Labor...more

Foley & Lardner LLP

NLRB Unleashes New Damages Against Labor Law Violators

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On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

Jackson Lewis P.C.

Beyond Backpay: Labor Board Adds Extra Compensation to Employees in ‘Make-Whole’ Awards

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In a 3-2 decision, the National Labor Relations Board (NLRB) has expanded its own authority to order consequential damages in all cases in which “make whole” relief is appropriate. Thryv, Inc., 372 NLRB No. 22 (Dec. 13,...more

Roetzel & Andress

Back Pay Plus: NLRB Permits Employees To Recover “Foreseeable” Damages From Employers for Labor Law Violations

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Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have...more

Jackson Lewis P.C.

Top Five Labor Law Developments for November 2021

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1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more

Jackson Lewis P.C.

Build Back Better Reconciliation Bill Includes Heavy New Penalties for Employer Violations of NLRA

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The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor...more

Fox Rothschild LLP

Civil Penalties May Be Coming To The National Labor Relations Act

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If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The BBB incorporates...more

Jackson Lewis P.C.

Protecting The Right To Organize (PRO) Act Passes House, Awaits Senate Fate

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A revived “Protecting the Right to Organize Act,” or PRO Act, has passed the House of Representatives again. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy and Labor Law: Decision by Appeals Court Permits Debtor to Discharge an NLRB Fine in Bankruptcy

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If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more

Fisher Phillips

Epic Ruling Gets 2 Sequels: Court Applies New SCOTUS Standard To Wage And Misclassification Claims

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On the heels of the Supreme Court’s decision earlier this year in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration...more

Fisher Phillips

The Epic Sequel: Federal Appeals Court Extends Class Waiver Victory To Wage Claims

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On the heels of the Supreme Court's decision in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration agreements, the 6th...more

Fisher Phillips

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

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The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

Seyfarth Shaw LLP

NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards

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Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more

Foley & Lardner LLP

What Past Practice? NLRB Overhauls Back Pay Formula

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The National Labor Relations Board (NLRB) has done it again. Over the last few years, the NLRB has provided no shortage of topics for us to discuss, because it has made no secret of its aggressive agenda to expand...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

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On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

Littler

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

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Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

Foley & Lardner LLP

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

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Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Did Not Err In Categorically Barring NLRA Back Pay For Undocumented Workers, Second Circuit Holds

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Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013): Petitioners are undocumented aliens who were unlawfully discharged for engaging in protected activities under the National Labor Relations Act (NLRA). At a compliance...more

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