Alaska Employment Law

The National Labor Relations Board has issued a Memorandum that lays out the Board’s policy regarding mitigation of damages. 

Here’s the summary:

On September 11, 2007, the Board issued its decision in Grosvenor Orlando Associates, LTD., d/b/a The Grosvenor Resort, and its general partners Grosvenor Properties, Ltd., Donald E. Werby and Robert K. Werbe, 350 NLRB No. 86. In this decision, the Board found “that reasonably diligent discriminatees should at least have begun searching for interim work at some time within the initial 2-week period. . .” Thus, a discriminatee will lose backpay if there is more than a 2 week period after his/her termination, layoff or refused hire in which s/he does not engage in a search for work. However, even if the discriminatee fails to search for work during this 2 week period, the backpay period does not terminate. If a discriminatee unreasonably delays an initial search, the Board will toll backpay for that period, but the backpay period will commence if and when a reasonably diligent search begins. See Marlene Industries Corp., 183 NLRB 50 (1970).

NLRB Memorandum OM-08-54 includes the Board’s Short-Form Back Pay Sheet

Thanks to Adjunct Law Prof for the lead.