Sec. 109. Penalties
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Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ) is amended— by striking and inserting the following: Sec. 12. Any person Any person ; and by adding at the end the following: If the Board, or any agent or agency designated by the Board for such purposes, determines that an employer has violated section 8(h) or regulations issued thereunder, the Board shall— state the findings of fact supporting such determination; issue and cause to be served on such employer an order requiring that such employer comply with section 8(h) or regulations issued thereunder; and impose a civil penalty in an amount determined appropriate by the Board, except that in no case shall the amount of such penalty exceed $500 for each such violation.
Any employer who commits an unfair labor practice within the meaning of section 8(a) shall, in addition to any remedy ordered by the Board, be subject to a civil penalty in an amount not to exceed $50,000 for each violation, except that, with respect to an unfair labor practice within the meaning of paragraph
(3)or
(4)of section 8(a) or a violation of section 8(a) that results in the discharge of an employee or other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $100,000, in any case where the employer has within the preceding 5 years committed another such violation. In determining the amount of any civil penalty under this subsection, the Board shall consider— the gravity of the unfair labor practice; the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, and on the public interest; and the gross income of the employer. If the Board determines, based on the particular facts and circumstances presented, that a director or officer’s personal liability is warranted, a civil penalty for a violation described in this subsection may also be assessed against any director or officer of the employer who directed or committed the violation, had established a policy that led to such a violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation. Any person who is injured by reason of a violation of paragraph (1), (3), or
(4)of section 8(a) may, after 60 days following the filing of a charge with the Board alleging an unfair labor practice, bring a civil action in the appropriate district court of the United States against the employer within 90 days after the expiration of the 60-day period or the date the Board notifies the person that no complaint shall issue, whichever occurs earlier, provided that the Board has not filed a petition under section 10(j) of this Act prior to the expiration of the 60-day period. No relief under this subsection shall be denied on the basis that the employee is, or was during the time of relevant employment or during the back pay period, an unauthorized alien as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ) or any other provision of Federal law relating to the unlawful employment of aliens. Relief granted in an action under paragraph
(1)may include— back pay without any reduction, including any reduction based on the employee’s interim earnings or failure to earn interim earnings; front pay (when appropriate); consequential damages; an additional amount as liquidated damages equal to two times the cumulative amount of damages awarded under subparagraphs
(A)through (C); in appropriate cases, punitive damages in accordance with paragraph (4); and any other relief authorized by section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g) ) or by section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ). In any civil action under this subsection, the court may allow the prevailing party a reasonable attorney’s fee (including expert fees) and other reasonable costs associated with maintaining the action. In awarding punitive damages under paragraph (2)(E), the court shall consider— the gravity of the unfair labor practice; the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, and on the public interest; and the gross income of the employer. . Section 10(b) of the National Labor Relations Act ( 29 U.S.C. 160(b) ) is amended— by striking six months and inserting 180 days ; and by striking the six-month period and inserting the 180-day period .
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- 42 USC 2000e–5(g)
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