News & Analysis as of September 26, 2024

Back Pay

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Steptoe & Johnson PLLC on 12/16/2022

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

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

Jackson Lewis P.C. on 12/15/2022

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

Civil Penalties May Be Coming To The National Labor Relations Act

Fox Rothschild LLP on 10/29/2021

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

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

Patterson Belknap Webb & Tyler LLP on 2/7/2019

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

NLRB Upends Traditional Backpay Formula Providing Potential Windfall to Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2016

In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings,...more

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

Foley & Lardner LLP on 6/24/2015

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

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