DC Circ. Won't Scrap NLRB's Revised Back Pay Formula

Law360, New York (June 9, 2017, 4:31 PM EDT) -- The D.C. Circuit on Friday upheld the National Labor Relations Board's recent revision to the formula it uses to calculate back pay awarded to workers who have been unlawfully terminated, rejecting a challenge to the standard brought by supermarket chain King Soopers Inc.

In a unanimous ruling, a three-judge panel mostly upheld the NLRB's August decision to revise its back pay formula for compensating workers found to have been unlawfully terminated and that ordered King Soopers, a division of supermarket giant Kroger Co., to pay for a former employee's interim employment and search-for-work expenses.

The panel rejected King Soopers' argument that...

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