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ARTICLE · 26 DECEMBER 2022

The NLRB Ends 2022 With Significant Decisions

Two recent late-year decisions from the National Labor Relations Board ("NLRB") have the potential to significantly impact private sector employers across all industries.

United StatesEmployment and HR

Two recent late-year decisions from the National Labor Relations Board ("NLRB") have the potential to significantly impact private sector employers across all industries.

1. The NLRB Expanded its Authority to Order Consequential Damages in all Cases in which "Make-Whole" Relief is Appropriate. Thryv, Inc., 372 N.L.R.B. No. 22 (Dec. 13, 2022).

In Thryv, Inc., the NLRB expanded its power to order damages for "all direct or foreseeable pecuniary harms" resulting from unfair labor practices in all cases in which "make whole" relief is appropriate. The Board made clear this new remedy is not "extraordinary relief," and will be issued in appropriate cases regardless of the egregiousness of the unfair labor practice violation.1

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