An Offer Small Businesses Can't Refuse

An Offer Small Businesses Can't Refuse
AP Photo/Rogelio V. Solis

COVID-19 and the lockdowns devastated small businesses. Now the reconciliation bill could increase their pain. The draft House bill contains little-noticed language that could cripple small businesses.  

Currently employers who commit unfair labor practices (ULPs) must make injured workers whole, but they do not pay punitive damages. The reconciliation bill fines businesses that commit up to $50,000 per violation. It also imposes personal liability on business owners and officers, along with the firm.

On the surface this seem like a minor change. It is already illegal to discriminate against union supporters. However, the reconciliation bill does not limit its penalties to serious ULPs. It adds fines for all unfair labor practices. National Labor Relations Board (NLRB) career staff would decide how big a fine to seek.

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