What Past Practice? NLRB Overhauls Back Pay Formula

The National Labor Relations Board (NLRB) has done it again.

Over the last few years, the NLRB has provided no shortage of topics for us to discuss, because it has made no secret of its aggressive agenda to expand employee protections under the National Labor Relations Act (NLRA), making rules and issuing decisions in furtherance of what seems like a thinly veiled agenda to benefit unions in their organizing efforts. Some of these actions have included upsetting decades of consistent precedent in ways that clearly favor unions. This time, the NLRB has departed from practices it has followed since the passage of the NLRA way back in 1935.

Employers may now be responsible for additional costs related to terminated employees' job searches. In yet another decision where members have split based on political party affiliation, the NLRB has tossed aside more than eight decades of consistency. The NLRB significantly revamped its back pay formula to find that employers