News & Commentary April 21, 2023

[Omaha Steve]

https://onlabor.org/april-21-2023/

By Julio Colby

Julio Colby is a student at Harvard Law School.

In Today’s News and Commentary: The NLRB lays out possible remedies for repeat labor law violators; Labor Secretary nominee Julie Su faces tough questions in Senate confirmation hearing; and the FTC receives 25,000 public comments in its rulemaking for a proposed non-compete ban.

On Thursday, the NLRB laid out the range of remedies it will consider in cases of repeat violators of labor law. In a 2-1 decision, a panel of the Board explained that, in cases of employers who “have shown a proclivity to violate the act” or have engaged in particularly serious misconduct, the Board “will consistently consider and implement a full range of potential remedies.” The non-exhaustive list of remedies detailed by the Board includes the reading aloud of notices to workers with supervisors present, mailing notices to workers, requiring an employer representative to sign a posted notice, posting periods of longer than the typical 60 days, and visitation by Board agents to ensure notice compliance, in addition to standard backpay and other remedies. Though the decision does not expand labor law since these remedies are not new, it encourages Board prosecutors to seek more aggressive remedies, a priority under General Counsel Jennifer Abruzzo. Member Marvin Kaplan dissented from the decision, arguing that most of the panel’s opinion was unnecessary since it did not change Board law and the Board already has the power to award remedies it deems appropriate.

FULL story at link above.