loader
Page is loading...
generic_insight_detail

The Search Is On: Federal Court Upholds NLRB’s Imposition of Job-Search Costs on Employer


The National Labor Relations Board (NLRB) not only has been augmenting the scope of issues it adjudicates in recent years, it also has been expanding its remedial powers. One example of this trend occurred in a bad faith bargaining case where the NLRB ordered an employer to pay negotiating costs/expenses incurred by a union. In another case that came down in 2016, the NLRB changed its approach to awarding job-search expenses. Historically, the NLRB has not awarded such costs to employees who allege they have been unlawfully discharged; the agency only allowed such costs/expenses to be used as offsets to interim earnings (interim earnings reduce potential backpay to which a discharged employee may be entitled). The NLRB reversed course on this issue in 2016 and ruled it now generally will permit employees who were improperly discharged to seek and receive subsequent job-search costs. The employer appealed the NLRB’s decision to change course with respect to job-search costs to the U.S. Court of Appeals for the District of Columbia Circuit. On June 9, the court sided with the NLRB and ruled that the agency’s new approach to job-search expenses was reasonable. Accordingly, employers facing alleged unlawful discharge allegations before the NLRB need to be mindful of the expanded remedial powers being utilized by the agency in these cases.


RELATED ARTICLES

Union Decertification Update: NLRB Extends Comments Deadline For Contract Bar

September 18, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements

Labor Day 2020: State of the U.S. Labor Unions

September 4, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

UPDATE: Can You Prohibit Employees From Using Cell Phones At Work?

August 24, 2020 | Labor Relations, National Labor Relations Board

Oh Snap! Employee Lawfully Terminated For Profanity-Laced Facebook Post

August 18, 2020 | Labor Relations, Social Media and Technology, National Labor Relations Board

NLRB Offers Some Pandemic Labor Law Clarity

August 12, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
bad faith bargaining
discharge allegations
NLRB
unlawful discharge
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.