News & Analysis as of September 26, 2024

National Labor Relations Board › Damages › The National Labor Relations Act

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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... 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 -

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

Seyfarth Shaw LLP on 4/23/2024

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

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

New York Bans Mandatory Captive Audience Meetings

Proskauer - Labor Relations Update on 9/12/2023

On September 6, New York State Governor Kathy Hochul signed into law (A6604 / S4982) a bill banning businesses from requiring employees to attend meetings or listen to communications where the “primary purpose” of such...more

Illinois Governor Amends Labor Disputes Act

Littler on 6/27/2023

On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

SCOTUS Issues Decision Allowing State Court Lawsuit Against Union for Property Damage Caused During Labor Dispute

Sheppard Mullin Richter & Hampton LLP on 6/20/2023

As we previously reported here, at the beginning of 2023, the Supreme Court heard oral argument on one of the most anticipated labor cases on the high court’s docket in decades to address whether the National Labor Relations...more

Landmark NLRB Decision Expands Labor Violations

Foley & Lardner LLP on 1/18/2023

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

NLRB Expands Potential Recovery in Unfair Labor Practice Cases

Bodman on 1/4/2023

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

NLRB Leaves Lumps of Coal In Employers’ Holiday Gift Bags

Foley & Lardner LLP on 1/4/2023

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

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

Venable LLP on 12/23/2022

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

NLRB Expands Standard Remedies Available to Victims of Unfair Labor Practices

Holland & Knight LLP on 12/21/2022

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

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

National Labor Relations Board Expands Make-Whole Remedy

Littler on 12/16/2022

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

Busy Week at the NLRB

CDF Labor Law LLP on 12/16/2022

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

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

Miller Canfield on 12/16/2022

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

NLRB Brings Back Micro-Units, Paving the Way for More Union Organizing

Miles & Stockbridge P.C. on 12/16/2022

The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more

NLRB Makes Union Organization Easier, Loosens Test for Approval of Collective Bargaining “Micro-Units”

Benesch on 12/16/2022

On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more

NLRB Unleashes New Damages Against Labor Law Violators

Foley & Lardner LLP on 12/15/2022

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

NLRB Adds Consequential Damages to Standard Remedy for Unfair Labor Practices

Ballard Spahr LLP on 12/15/2022

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

Seven Things To Know About The Biden NLRB’s New “Road Map”

Woods Rogers on 9/24/2021

The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo,...more

OFCCP Week In Review: September 2021 #3

DirectEmployers Association on 9/20/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

Proskauer - Labor Relations Update on 6/3/2017

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

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