We've long previewed the National Labor Relations Board's (NLRB's) action on a number of issues, now that Board membership reflects President Biden's appointees and embodies his pro-labor priorities. In recent weeks, we've seen several updates come through from the agency, including:
"Employees are not made whole until they are fully compensated for financial harms that they suffered as a result of unlawful conduct," NLRB Chairman Lauren McFerran recently said. That is, when there's evidence proving that an employee suffered direct or foreseeable harm as a result of an unfair labor practice, the harm is now compensable. The harm can take many forms from healthcare expenses, to credit card late fees, even to the loss of a home or car due to an unlawful discharge. Employers should be mindful that this potential penalty marks a real increase in their liability. It's likely that this change will be challenged in court.
The NLRB has once again modified its standard for "bargaining-unit determination cases where a labor union seeks to represent a unit that contains some, but not all, of the job classifications at a particular workplace," restoring the Obama-Era rule on that point. Once again, "so long as the petitioned-for unit consists of a clearly identifiable group of employees with a shared 'community of interest,' the Board will presume the unit to be appropriate." What does this mean? Unions and employees will again be able to organize along narrower...
The woman who accused Jay-Z of raping her when she was 13 years old has fully recanted her allegations, and apologised for the “immense pain” she caused the rapper and his family, including wife B...