NLRB Contemplates Increased Penalties for Labor Law Violations

Abstract

On November 10, 2021, the National Labor Relations Board announced that it is seeking public input to address “whether the Board should award consequential damages to make employees whole for economic losses and under what circumstances.” See Thyrv, Inc. 371 NLRB No. 37 (2021). Unions have long supported imposing more compensable costs than back pay with interest on employers who unlawfully terminate employees for protected activity. For example, it has been argued that credit card interest or costs for the repossession of a vehicle as a result of an unlawful termination should be awarded.