• National Labor Relations Board’s General Counsel Issues Case Handling Memo On How To Handle Immigration Issues In Compliance Hearings
  • May 18, 2012 | Author: Jed L. Marcus
  • Law Firm: Bressler, Amery & Ross A Professional Corporation - New York Office
  • In 2011, the National Labor Relations Board (“NLRB”) struck an employer’s affirmative defenses to a back pay specification in an unfair labor practice case and rejected the employer’s bid to subpoena extensive documentation from its unlawfully discharged employees about their immigration status in an effort to prove they were not entitled to back pay. Flaum Appetizing Corp., 357 NLRB No. 162 (December 30, 2011). On Friday, May 4, the General Counsel’s office issued a case handling memo setting forth guidance to regional offices for investigating and litigating compliance issues under Flaum. GC MEMORANDUM OM 12-55 (May 4, 2012).