Over the past few years, a labor-friendly National Labor Relations Board (NLRB or “the Board”) has expanded the scope of the NLRB’s jurisdictional reach in multiple ways, notably in the area of potential remedies. Indeed, in its 2022 Thryv decision, the NLRB ruled that the standard make-whole remedy should include consequential damages including but not limited to all “direct or foreseeable pecuniary harms” related to the underlying unfair labor practice violations. Since that 2022 decision, the NLRB has sought a wide range of remedies under the umbrella of consequential damages which are well beyond what has been the typical remedy for violations, namely backpay and reinstatement. However, in Thryv, the NLRB ruled that true “make whole” relief needed to include more than just backpay and include such things as relocation costs, cost of living adjustments, mileage reimbursement, interest, and excess taxes.
However, on December 27, 2024, the U.S. Third Circuit Court of Appeals gave employers a year-end gift. In NLRB v. Starbucks, the court ruled that the NLRB exceeded its authority under the National Labor Relations Act (NRLA) when it held that two individuals were entitled to “reasonable search-for-work and interim employment expenses, if any, regardless of whether these expenses exceed interim earnings.” The Third Circuit found that the Board’s remedial authority was limited to equitable relief only. This is certainly welcome news for employers who have pending unfair...
Videos from Germany and Italy show people waving flags on the streets, some with Christmas lights visible in the background. The videos are not recent, have been taken out of context and do not sh...