In a pair of decisions released today, the National Labor Relations Board (NLRB) expanded the scope of its remedial orders in unfair labor practice cases.

In Kentucky River Medical Center, 356 NLRB No. 8 (2010), the Board ordered that, in the future (as well as retroactive to any cases that are currently pending in any stage), any awards of backpay should have interest compounded daily (instead of the rule providing only for simple interest, which was not as lucrative for employees receiving backpay awards).

In J. Picini Flooring, 356 NLRB No. 9 (2010), the Board held that, in addition to physical posting of notices in unfair labor practice cases, it will require electronic posting of notices if the respondent customarily communicates with its employees (or, in the case of a labor organization, its members) by such means.  Specifically, the Board will modify its remedial orders going forward to include the following language:

In addition to physical posting of paper notices, notices
shall be distributed electronically, such as by email,
posting on an intranet or an internet site, or other electronic
means, if the Respondent customarily communicates
with its employees [members] by such means.

Like Kentucky River Medical Center, the Board’s decision in J. Picini Flooring will be applied retroactively.  We will continue to monitor these and other developments at the Board and report on them.

 

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Photo of Justin Keith Justin Keith

Justin F. Keith represents employers in all areas of labor and employment law—including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

He is experienced…

Justin F. Keith represents employers in all areas of labor and employment law—including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

He is experienced with wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual harassment, discrimination and retaliation, and restrictive covenant agreements.

Justin is a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin’s practice encompasses all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union avoidance strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010).