Ryan Funk Comments on Potential New NLRB Remedy That Could Expand Payouts to Workers

Law360 reported that, in a footnote to an August decision finding that a New Jersey nursing home violated federal labor law by changing its employee insurance plan, the National Labor Relations Board Chair called for the board to consider adopting so-called “consequential damages” as a remedy in a future case.

In the article, “NLRB Could Expand Payouts To Workers With New Remedy,” the publication turned to labor and employment associate Ryan Funk to address uncertainties surrounding “consequential damages,” such as the standard that would apply when determining whether a cost is a consequence of an unlawful action against an employee.

Funk predicted that, whatever process and standard the board develop, the possibility of consequential damages will make litigation longer and more complex and add to the NLRB’s workload, particularly in compliance.

“I think the way the agency sets that process is going to determine whether the return on investment is worth it,” said Funk.