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Employer Liability Issues The National Labor Relations Act Damages

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

Benesch on

As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Saul Ewing LLP

National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

Saul Ewing LLP on

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more

Seyfarth Shaw LLP

NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their...

Seyfarth Shaw LLP on

On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more

Bodman

NLRB Expands Potential Recovery in Unfair Labor Practice Cases

Bodman on

The National Labor Relation Act (“Act”) permits the National Labor Relations Board (“Board” or “NLRB”) to award damages to employees that put them in the financial position in which they would have been if no violation had...more

Venable LLP

There’s a New Remedy in Town: NLRB Adds Consequential Damages as a Remedy for Unfair Labor Practices

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On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers....more

Holland & Knight LLP

NLRB Expands Standard Remedies Available to Victims of Unfair Labor Practices

Holland & Knight LLP on

In Thryv, Inc., 372 NLRB No. 22 (2022), the National Labor Relations Board (NLRB or Board) held that to best effectuate the purposes of the National Labor Relations Act (NLRA), the standard make-whole remedy must compensate...more

Steptoe & Johnson PLLC

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

Steptoe & Johnson PLLC on

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

Littler

National Labor Relations Board Expands Make-Whole Remedy

Littler on

On December 13, 2022, the National Labor Relations Board (“Board”) made another move to expand relief available to workers who allege unfair labor practices by their employers. Historically, employees seeking relief under the...more

CDF Labor Law LLP

Busy Week at the NLRB

CDF Labor Law LLP on

Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of: NLRB Adds Consequential Damages to Its Weapons Cache - On December 13, the...more

Miller Canfield

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

Miller Canfield on

​​​​​​​On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more

Ballard Spahr LLP

NLRB Adds Consequential Damages to Standard Remedy for Unfair Labor Practices

Ballard Spahr LLP on

Employers that violate the National Labor Relations Act (NLRA) will have to pay workers additional damages under a recently issued precedential decision from the National Labor Relations Board (NLRB or Board)....more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

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