Ryan Funk Quoted by Law360 on NLRB General Counsel’s Work Rule Remedy Push

Law360 spoke to labor and employment partner Ryan Funk about the National Labor Relations Board’s general counsel urging the board to expand available remedies for workers whose employers discipline them under unlawfully overbroad work rules.

Funk said, “It threatens a mess to employers,” and whatever the board ultimately decides, the potential for complexity in the compliance phase of litigation is unlikely to deter it from expanding the remedies for overbroad work rules. The board has shown that it is not overly concerned with adding to the compliance process in past cases, highlighting decisions that broadened the scope of its remedies, he added.

“Maybe the board would take a different approach this time, but if it’s like [past cases], they’re happy to add complexity to the compliance phase if it works in favor of their other objectives,” Funk noted.

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