Employer Liability

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Federal

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Author: Mark Goodwin, LeClairRyan

Summary

  • The National Labor Relations Board (NLRB) has authority to take affirmative steps to remedy violations of the National Labor Relations Act (NLRA), including back pay and reinstatement of terminated employees, cease and desist orders, and other steps designed to restore an employee or union to the position it would have been in if the employer had not violated the law. For flagrant violations, the NLRB may order various extraordinary remedies. See Remedies Against Employers Who Violate the National Labor Relations Act.
  • The most significant remedies imposed upon employers that commit unfair labor practices are injunctions, "Gissel" orders to bargain with a union for a collective bargaining agreement even though the union lost the representation election, and contempt of court penalties.
  • Employers may take simple steps to avoid these liabilities. These steps are set out in this section with references to explanations in other sections of this chapter on Labor Relations. See Simple Steps to Avoid These Liabilities.

State Requirements

The following states have additional requirements for this topic under applicable state law.