Law Week Colorado has published Jane Waterman-Joyce’s client advisory, “Truth or Consequentials: The NLRB Expands Make-Whole Relief,” explaining how the government entity created “potentially expensive new remedies in unfair labor practice proceedings.”

The alert explains the case of Thryv, Inc., in which it could set precedent.

“In a sweeping and insupportable departure from precedent, the NLRB ruled that ‘make-whole relief’ now explicitly includes compensation for all direct or foreseeable pecuniary damages that result from the respondent’s unfair labor practice. Although these are known as ‘consequential damages’ in tort cases, the NLRB stated it considers the pursuit of consequential damages part of its statutory mandate (although it appears nowhere in National Labor Relations Act) to restore an individual to the economic position occupied before the unfair labor practice.”

Read the full Law Week Colorado article (Subscription required)