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NLRB Invites Briefs on Deadlines for Filing Backpay Forms and Reports
Practical Law Legal Update w-030-9423 (Approx. 4 pages)
NLRB Invites Briefs on Deadlines for Filing Backpay Forms and Reports
by Practical Law Labor & Employment
| Published on 11 May 2021 • USA (National/Federal) |
The National Labor Relations Board (NLRB) recently invited parties and amici to submit briefs in Cascades Containerboard Packaging-Niagara concerning the filing of backpay forms and reports in unfair labor practice cases.
On May 6, 2021, in Cascades Containerboard Packaging-Niagara, the panel (Board) heading the NLRB's judicial functions issued a notice and invitation to the parties and interested amici to submit briefs regarding how best to implement its new requirement concerning the filing of backpay forms and reports under its previous decision in the case (370 N.L.R.B. No. 76 (Feb. 9, 2021); Legal Update, NLRB Amends Standard Backpay Remedy Procedures to Ensure Proper Social Security Earning Allocations and Reporting).
Specifically, the Board requested briefs addressing the following questions:
- Should the Board impose a deadline within which a respondent employer must furnish to a Regional Director a copy of each backpay recipient's appropriate W-2 form(s), reflecting the backpay award?
- If the Board imposes a deadline by which respondent employer must furnish to a Regional Director a copy of each backpay recipient’s appropriate W-2 form(s) reflecting the backpay award, what should that deadline be?
- Should the Board modify the 21-day deadline set in AdvoServ of New Jersey, Inc. (363 N.L.R.B. 1324 (2016)) for submitting a report allocating the backpay award to the appropriate calendar year for each affected employee?
- If the Board modifies the AdvoServ deadline, what modification would be appropriate?
Through the NLRB's E-Filing portal:
- Initial briefs by the parties or amici must be submitted by June 7, 2021.
- Responsive briefs by the parties must be submitted by June 22, 2021.