NLRB Employee will Spend 52 Months in Prison for Embezzling Back Pay Awards
By Management Labor Lawyer | | NLRB
A National Labor Relations Board compliance office was sentenced to serve 52 months in prison for stealing more than $400,000 from back pay funds intended for employees involved in unfair labor practice cases. As a compliance officer, Hector Martinez was responsible for disbursing back pay to employees in NLRB cases, but the government alleged he…
Read More NLRB Changes Backpay Formula for Terminated Employees: Harmful to Employers
By Management Labor Lawyer | | NLRA, NLRB, Uncategorized
The NLRB voted 3-1 to revise its backpay formula for compensating workers found to have been unlawfully terminated, ordering an employer to pay for a former employee’s interim-employment and search-for-work expenses. The Board had previously treated those types of expenses as offsets that reduced the amount of interim earnings that were then subtracted from gross…
Read More NLRB Wants Former Employers to Pay for Job Search Expenses of Former Employees
By Management Labor Lawyer | | NLRB
National Labor Relations Board General Counsel Richard Griffin instructed NLRB Regional Offices to request employees be reimbursed for job search costs and work-related expenses they incur due to violations of the National Labor Relations Act. This order modified a 2011 order by then acting-general counsel Lafe Solomon. Solomon wrote that the Board’s practice was to…
Read More NLRB Requires Employers to Pay Employee Taxes on Back Pay
By Management Labor Lawyer | | NLRB
The Board’s determination to force employers to pay the taxes on back pay employees received as the result of filing an unfair labor practice charge with the NLRB was invalidated by the Noel Canning decision. But a few months later, the Board re-ruled in the same way on the same case. Employers must pay Social…
Read More NLRB Forces CNN to Rehire and Pay Back Wages to 100 Union Workers Who were Terminated 10 Years Ago
By Management Labor Lawyer | | NLRB
In 2003, CNN terminated its relationship with its unionized subcontractor Team Video Services, LLC (TVS). TVS provided CNN with camera crews and other technicians. CNN then created new, non-union positions to replace the TVS workers and hired about 2/3 of TVS’s employees for those positions. The NLRB did not believe CNN’s argument that it terminated…
Read More Employees Reinstated Despite Post-Discharge Conduct Unless Serving Time in Prison
By Management Labor Lawyer | | NLRB
Employee Neel began working at a call center in early 2011 that solicited donations for non-profits. He was instrumental in organizing workers into a union, was elected union steward, and became a member on the union negotiating committee. Neel was fired in 2012 for breaking multiple protocols while on the phone. Yet, the Board ruled…
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