January 12, 2023
On December 13, 2022, the National Labor Relations Board (NLRB) issued a 3-2 decision in Thryv, Inc. which changed the entire landscape for enforcement penalties of violations of the National Labor Relations Act (NLRA). As our clients already know, the NLRA is not limited to unionized workplaces and is becoming a popular tool in the arsenal of employees seeking change and of the plaintiff’s bar in attacking an employer’s perceived unfair practices and policies.
Under the new decision, the NLRB significantly increased the exposure to employers by magnifying penalties available for unfair labor practices. In its decision, the NLRB held that violations of the NLRA may include remedial measures including damages for “direct or foreseeable pecuniary harms” resulting from unfair labor practices. The NLRB noted that damages falling under this category may include “out-of-pocket medical expenses, credit card debt, or other costs simply in order to make ends meet.” As any employment litigator can tell you, the list of possible damages which someone can claim and attempt to tie to a wrong committed by an employer can be long and far exceed what the employer may reasonably have expected.
RKW handles a variety of charges and investigations undertaken by the NLRB.