The National Labor Relations Board (NLRB or Board) has issued a request for briefing – essentially inviting friend-of-the-court briefs – from interested parties to address the question of whether the Board should modify its traditional “make-whole” remedies (e.g., back pay and reinstatement) to include “consequential” money damages that an employee incurs as the result of an unlawful termination. These damages might include such things as out of pocket medical bills and insurance premiums the employee must pay because of the unfair labor practice.
Up until now, the NLRB has declined to award these types of consequential damages in cases involving violations of the National Labor Relations Act (NLRA), and a change in that practice could significantly increase an employer’s financial exposure in an NLRB enforcement action.
The Board’s invitation for input, which arises in the case of Thryv, Inc., Case No. 20-CA-250250, asks interested parties to provide input on whether the NLRB should expand its make-whole remedies to include consequential damages, and if yes, how and under what circumstances they should be awarded.
Members of the Center for Workplace Compliance (CWC) can read more here.