In a decision issued today in Thryv, Inc., the Board clarified its make-whole remedy to expressly ensure that workers who are victims of labor law violations are compensated for all “direct or foreseeable pecuniary harm” suffered as a result of those unfair labor practices. This decision follows the Board’s Notice and Invitation to File Briefs asking parties to weigh in on whether the Board should modify its make-whole remedy.
The decision explains that, in addition to the loss of earnings and benefits, victims of unfair labor practices may incur significant financial costs, such as out-of-pocket medical expenses, credit card debt, or other costs that are a direct or foreseeable result of the unfair labor practices. The Board determined that compensation for those losses should be part of the standard, make-whole remedy for labor law violations.
What this means for workers:
There are a number of things that can qualify as unfair labor practices, but until recently, the compensation for these practices was fairly limited. For example, if a worker was fired but it was later determined by the NLRB that it was the result of an unfair labor practice, the Board’s decision would grant the worker their job back, including the wages and lost-benefits during their period of not working.
But a decision made in December 2022 set the bar much higher by saying that when an employee is the victim of labor law violations, they are owed more than just the direct compensation from their employer. These workers often incur additional expenses, “such as out-of-pocket medical expenses, credit card debt, or other costs that are a direct…result” of the harm caused by the employer who violated the law.
This is great news for workers, many of who are often only one missed paycheck away from homelessness.
Do you have questions about your rights as a worker? Send us a message and we’ll do our best to lend you some support.
