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New Federal and State-Level Changes Create Penalties for Retaliatory Employers

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Union workers have recently scored two big wins that will force employers to pay additional fees and penalties for illegal retaliation.

On December 13, the National Labor Relations Board ruled that employers will be responsible for consequential damages faced by workers who are unlawfully fired, such as out-of-pocket health care expenses or lost housing. Employers were only previously responsible for paying an employee’s reinstatement and back pay. The new penalty gives workers more protections when organizing a union.  

A new California law provides additional protections for public sector employees. The law creates significant penalties for employers attempting to discourage employees from joining or being active in their union. The law also imposes a $1,000 penalty per affected employee in existing bargaining units who receive illegal anti-union communication. SB931 provides a model for enforcing laws protecting public sector workers.

“Workers must use all avenues to fight for their rights, from bargaining contracts to passing legislation. Coming off the heels of the historic passage of the Workers’ Rights Amendment, it’s clear that Illinois residents want to protect worker rights. It’s time to pass legislation similar to SB931 in Illinois,” said Executive Vice President Jeff Howard.

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