"Pay It Forward" - NLRB Changes Longstanding Policy To Permit Front Pay In Settlement Agreements

The Acting General Counsel of the National Labor Relations Board continues his efforts to promote change and implement new standards. However, in a refreshing change of pace, the Acting GC Lafe Solomon recently issued a memorandum and new directive that could benefit employers. Indeed, the Acting GC's modification to prior Board settlement protocol could prove an asset for employers seeking to resolve NLRB cases. Specifically, the recent memorandum (pdf) explains and directs that National Labor Relations Board settlement agreements may now include front pay to charging parties. This is a significant departure from prior Board precedent and alters the NLRB's institutional approach towards the monetary elements of brokering settlements.