Remedies in labor law: salary arrears, before salary, and… training? – Employee rights / labor relations


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When employers face charges before the National Labor Relations Board (NLRB) over terminated employees, they know that back wages and initial wages may be at stake. The NLRB General Counsel also recently made pressure for additional categories of relief, such as consequential damages. Now it seems that another new recourse is on the table: employment law training.

According to a recent press release from the agency regarding a settled case:

“On March 25, 2022, Elizabeth Kerwin, Regional Director for Region 7-Detroit of the National Labor Relations Board, approved a settlement agreement requiring Dearborn Speech and Sensory Center, Inc. d/b/a Metro EHS Pediatric Therapy:

  • Pay $67,335 in arrears, prepayments and consequential damages to a former employee;

  • Remove any reference to his unlawful dismissal from his employment file and provide him with neutral professional references;

  • Post and email an adjustment notice to employees;

  • Provide a training session on employee rights under the National Labor Relations Act for its managers and supervisors, to be delivered by an NLRB officer; and,

  • Provide a training session to its employees on the National Labor Relations Act, to be conducted by an NLRB officer.

The settlement agreement resolves a lawsuit filed against Dearborn Speech and Sensory Center that began with an allegation filed by a former employee on August 13, 2021. The former employee alleged that Dearborn Speech and Sensory Center acted unlawfully in firing her because that it had engaged in protected concerted activities. activities by protesting the terms and conditions of employment in order to discourage other employees from engaging in such conduct. »

You read correctly. As a condition of resolving the charge, the employer in this case must allow an officer from the NLRB to come on-site and provide labor law training to its management staff as well as its core workforce. This aligns with the agency’s stated goal of ensuring that employees understand their employment law rights more broadly.

After collecting more than $56 million in damages from employers last year, the NLRB is looking to expand its arsenal of remedies in the future.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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