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ARTICLE · 04 MARCH 2016

NLRB Requests Amicus Briefs In Two Significant Cases

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On Friday, February 19, 2016, the NLRB invited interested individuals and organizations to file amicus briefs on two important legal issues where the Board is considering overturning existing precedent.

United StatesEmployment and HR
Michael Lebowich
Michael Lebowich
Steven Porzio
Steven Porzio
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On Friday, February 19, 2016, the National Labor Relations Board invited interested individuals and organizations to file amicus briefs on two important legal issues where the Board is considering overturning existing precedent.

In one case, King Soopers, Inc., NLRB, No. 27-CA-129598 (2/19/16), the NLRB's General Counsel has asked the Board to change its long-standing practice of awarding discriminatees with expenses incurred when seeking new employment only when the discriminatee received interim earnings.  Currently, the NLRB only awards reasonable search-for-work and interim employment expenses when the discriminatee receives interim earnings.  However, the General Counsel is now seeking to expand the types of cases where discriminatees can be awarded such expenses to cover situations where discriminates do not receive any interim earnings.  In other words, the General Counsel wants to re-write the law so that if a terminated employee searches for new work and

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