News & Analysis as of October 12, 2024

Make-Whole Doctrine

+ Follow

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 -

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

BakerHostetler on 6/6/2024

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

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

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on 12/28/2022

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?” Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

BakerHostetler on 12/28/2022

“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

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 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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/16/2022

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

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

9 Results

View per page

Page: of 1

National Labor Relations Board › Unfair Labor Practices › Make-Whole Doctrine

"My best business intelligence, in one easy email…"