Traditionally, it has been understood that the National Labor Relations Board (NLRB) limits the remedies it issues to equitable forms of relief. In practice, this meant that employees who lost their jobs due to violations of the National Labor Relations Act (NLRA) were typically entitled to only two types of remedies: (1) reinstatement, and (2) back pay.

That framework shifted in 2022, when the Board decided Thryv, Inc., 372 NLRB No. 22 (2022). In Thryv, the Biden NLRB broke from longstanding precedent and held that it could, and should, compensate employees for all direct or foreseeable pecuniary harms resulting from violations of the NLRA. Shortly thereafter, then–General Counsel Jennifer Abruzzo issued guidance (since partially rolled back by the current Acting General Counsel) asserting that Thryv authorized the Board to award an extremely broad range of consequential damages. These included compensation for items such as credit card interest and late fees stemming from job loss, legal fees and costs incurred defending eviction actions, and other non-traditional forms of monetary relief.

Two Recent Published Opinions Limit NLRB Remedies

Two recent appellate decisions—both issued within the past week—have sharply criticized Thryv and the NLRB’s attempt to expand the scope of available remedies.

On Friday, the Fifth Circuit Court of Appeals issued its decision in Hiran Management v. NLRB, holding that Thryv conflicted with nearly ninety years of past practice. The Fifth...

Read Full Story: https://news.google.com/rss/articles/CBMihAFBVV95cUxQdHpfSDdYREt2UTJjQl9SV1Nn...