National Labor Relations Board in Washington, D.C. Photo: Diego M. Radzinschi/ALM‘Ripe for SCOTUS’: Ruling Creates Circuit Split on NLRB’s Expanded Monetary Remedies
On Tuesday, the U.S. Court of Appeals for the Ninth Circuit upheld an NLRB order directing Macy’s to pay union members for "direct or foreseeable pecuniary harms” stemming from an unlawful lockout of workers after a strike, pursuant to the board’s 2022 Thryv v. NLRB opinion.
January 24, 2025 at 06:15 PM
5 minute read
What You Need to Know
- 9th Circuit ruling is at odds with recent 3rd Circuit decision.
- NLRB's "Thryv" doctrine at center of dispute.
- Labor lawyer says SCOTUS could step in.
A federal appeals court ruling this week could tee up U.S. Supreme Court review of a recent National Labor Relations Board doctrine that expanded the monetary damages available to workers affected by unfair labor practices.
On Tuesday, the U.S. Court of Appeals for the Ninth Circuit upheld an NLRB order directing Macy’s to pay union members for "direct or foreseeable pecuniary harms” stemming from an unlawful lockout of workers after a strike, pursuant to the board’s 2022 Thryv v. NLRB opinion. In Thryv, the board said it can order such "make-whole relief” beyond backpay and reinstatement, including compensation for credit-card fees, mortgage charges, child care bills and medical expenses.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Trump Administration Faces Legal Challenge Over EO Impacting Federal Workers
3 minute read
Three Akin Sports Lawyers Jump to Employment Firm Littler Mendelson
High Court Rejects 'Heightened' Standard for Employers Defending FLSA Cases
Supreme Court Wrestles With Disabled Ex-Firefighter's Discrimination Case
Trending Stories
- 1New York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
- 2No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 3Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 4Meet the New President of NY's Association of Trial Court Jurists
- 5Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
