Bloomberg Law
Jan. 12, 2022, 6:27 PMUpdated: Jan. 12, 2022, 10:02 PM

Remedies Should Factor In Emotional Harm, NLRB Lawyer Says (1)

Robert Iafolla
Robert Iafolla

Employers that violate federal labor law should have to pay workers for the consequences of their unlawful conduct, including compensation for harm related to emotional distress, loss of professional standing, or reputational damage, according to the NLRB’s top lawyer.

General Counsel Jennifer Abruzzo urged the National Labor Relations Board to use its power to order make-whole remedies to require payment for consequential damages stemming from unlawful terminations and other unfair labor practices.

The “feebleness” of the board’s current remedies effectively encourages violations of the National Labor Relations Act, she said in a brief filed this week.

“Businesses increasingly view the ...

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