Providers could find themselves paying heftier fines in 2023 for labor law violations.
Under a December ruling by the National Labor Relations Board, employers are responsible for paying workers affected by the direct consequences of unfair labor practices, including preventing workers from unionizing.
“Employers need to understand that the cost of violating the [National Labor Relations Act] could be much higher than it was before this ruling. That reality should inform a lot of decision-making when it comes to taking disciplinary action, including discharging employees,” attorney Dan Altchek of Saul Ewing in Baltimore told the Society for Human Resource Management. “Employers will need to give more serious consideration to the risk of committing a violation because the magnitude of that risk is now much greater.”
Previously, the NLRB required employers to reimburse employees who were deemed to have been unfairly discharged, laid off or otherwise discriminated against for their actual economic losses, such as reinstating employment, back pay, payment of dues and fines, stopping unlawful rules or practices, or a notice posted at the workplace.
Now, the penalties could be more severe, according to SHRM.
“That means the board is going to start going after employers for things like credit card interest, late fees and early withdrawal penalties,” attorney Grant Pecor with Barnes & Thornburg in Grand Rapids, MI, told SHRM. “If an individual can show they lost their car or...
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