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National Labor Relations Board › Remedies

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... more +
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 -
Husch Blackwell LLP

Consequential? – Fifth Circuit Decision Vacates NLRB Order but Leaves Open Key Remedy Question

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On May 24, 2024, in Thryv, Inc. v. NLRB, No. 23-60132,  (5th Cir. May 24, 2024), a unanimous three judge panel for the Fifth Circuit Court of Appeals vacated a National Labor Relations Board order finding that the Employer...more

BakerHostetler

Not So Fast: Fifth Circuit Partially Reverses the NLRB’s Thryv Decision

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In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more

Faegre Drinker Biddle & Reath LLP

Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

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On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State...more

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

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In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Holland & Knight LLP

NLRB Increases Penalties for Repeat Labor Law Violators

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The National Labor Relations Board (NLRB or Board) decision in Noah's Ark Processors, LLC and United Food and Commercial Workers Local Union No. 293 went beyond ruling on the issues and provided a detailed list of the...more

Steptoe & Johnson PLLC

NLRB ‘Will Not Stop Short’ in Imposing Remedies for Failure to Bargain

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On April 20, 2023, the National Labor Relations Board (the Board) issued its decision in Noah’s Ark Processors, LLC (Noah’s Ark), holding that Noah’s Ark, a Nebraska meat processor, violated the National Labor Relations Act...more

Williams Mullen

Tales From the NLRB: More Remedies More Often

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On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

Bradley Arant Boult Cummings LLP

NLRB Proclaims the Punishment Arrows in its Quiver

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If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce...more

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

NLRB Opens Door to Additional Remedies for Repeated Labor Violations

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On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining....more

BakerHostetler

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

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“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on...more

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

NLRB Expands Make-Whole Remedy to Include ‘Direct or Foreseeable’ Damages

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Fulfilling a top priority for National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo’s activist agenda, on December 13, 2022, the Board issued a decision that expands, arguably beyond statutory limits, the...more

Sherman & Howard L.L.C.

TRUTH OR CONSEQUENTIALS: The NLRB Expands Make-Whole Relief

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The National Labor Relations Board (NLRB) dealt employers a stinging blow this week when it created, out of whole cloth, potentially expensive new remedies in unfair labor practice proceedings in Thryv, Inc. Although...more

Miles & Stockbridge P.C.

NLRB Broadens Traditional Remedy to Include ‘Direct or Foreseeable’ Damages

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The National Labor Relations Board announced Tuesday that it was expressly expanding the scope of its traditional “make whole” remedy to require employers to compensate wrongfully terminated employees for all “direct or...more

Burr & Forman

NLRB Expands Remedies for Violators

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As our clients know, the National Labor Relations Board (NLRB) does not only regulate unionized workforces. Rather, the Board’s rulemaking and legal decisions affect all workplaces: both union and non-union. On December 13,...more

Snell & Wilmer

NLRB Awards Bargaining Expenses to Union

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By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more

Amundsen Davis LLC

NLRB GC Abruzzo Ordered Up ‘New Make-Whole Remedies’ for Victims of Unfair Labor Practices – and the Regional Offices Are...

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A discussed in a previous article, on September 8, 2021, the National Labor Relations Board General Counsel, Jennifer Abruzzo, issued a memorandum to all NLRB Regional Directors notifying them (and the rest of us) of her...more

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

NLRB General Counsel Issues Memo on Securing Full Remedies in Settlements

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

On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement...more

Husch Blackwell LLP

The Labor Law Insider: Beware the Unfair Labor Practice - Not Just for Unions Anymore

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In this episode, Husch Blackwell's Tom Godar, Kat Pearlstone and Sonni Nolan take an in-depth look at what an unfair labor practice is, why non-union employers need to be wary of these federal law violations, and how to avoid...more

Amundsen Davis LLC

EMPLOYERS BEWARE: PRO-UNION PRIORITIES ADVANCE AT THE NLRB

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Good, bad or otherwise… no matter your own personal or professional viewpoint, the fact is the National Labor Relations Board (NLRB) is poised to usher in new reforms and implement pro-labor priorities with the intent of...more

Jackson Lewis P.C.

GC Abruzzo’s Aggressive Remedial Agenda Begins

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On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National...more

Fox Rothschild LLP

NLRB General Counsel Signals Stronger Enforcement Actions Against Employers, Part Two: ‘Seeking Full Remedies’

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Last month, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued not one, but two memoranda directing Regional Offices to pursue a vastly expanded array of “remedies” against employers in unfair labor...more

Jackson Lewis P.C.

Top Five Labor Law Developments for September 2021

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1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more

Manatt, Phelps & Phillips, LLP

NLRB GC Urges Use of ‘Full Panoply of Remedies’

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Sending a strong message of enforcement and the potential consequences for violations of the National Labor Relations Act (NLRA), the general counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a pair of...more

Littler

NLRB General Counsel Issues Memorandum Urging Regions to Seek Punitive Remedies Against Employers Found to Violate the NLRA

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National Labor Relations Board General Counsel (GC) Jennifer Abruzzo recently issued a hard-hitting Memorandum urging the Board’s regional offices to consider closely the full scope of aggressive remedies she deems available...more

Skadden, Arps, Slate, Meagher & Flom LLP

Equal Pay Audits: Current State of the Law

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On September 20, 2018, Skadden hosted the webinar “Equal Pay Audit: Current State of the Law.” The panelists were Karen Corman, Skadden labor and employment partner; Robin Quittell, managing director, chief human resources...more

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