NLRB Seeks Feedback on Backpay Award Questions

The National Labor Relations Board is inviting interested parties to provide input on two issues related to an award of backpay. Specifically, the Board is asking whether employers should be required to, as part of a backpay award:

(1) submit the appropriate documentation to the Social Security Administration so that when backpay is paid, it will be allocated to the appropriate calendar quarters, and

(2) reimburse an employee/aggrieved party for any excess federal and state income taxes he or she may owe in receiving a lump-sum backpay award covering more than 1 year.

The invitation to file briefs in response to these questions was included in the Board decision Latino Express, Inc. (pdf) decided July 31, 2012.

Briefs responsive to the two questions must be no more than 25 pages in length, and filed electronically on or before October 1, 2012.

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