The Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA). On December 11th, the Senate Committee on Health, Education, Labor, and Pensions released its version of the provisions of the Build Back Better bill on subjects within its jurisdiction, including amendments to the NLRA. The panel retained the new, severe employer penalties for unfair labor practices (ULPs), but the bill does not include other far-reaching changes which were in the original House version.

The bill contains unprecedented penalties for employer ULPs. Today, ULPs by either unions or employers are remedied by requiring backpay and reinstatement to prior employment and employment terms. The bill would add new “civil penalties” (fines). These fines would apply only to employer violations, however, not those committed by unions.

Under the bill, any ULP violation by an employer would additionally be subject to a penalty “not to exceed” $50,000 for each violation. However, for employers found to have committed certain violations, and any that results in the discharge or “serious economic harm” to an employee, the penalty can be doubled to $100,000 if the employer had been found to have committed a similar violation within five years.

In addition, the bill would add civil fine personal liability for any company officer or director who “directed or committed the...

Read Full Story: https://www.natlawreview.com/article/build-back-better-act-update-committee-r...