The NLRB's Expanded 'Make-Whole' Remedies: New Money Damages NJ Workers Can Recover Beyond Back Pay

Back pay traditionally served as the main financial remedy in federal labor law cases. Recent decisions have expanded the available relief. Those changes have increased the potential recovery available to affected workers. 

The NLRB's expanded make-whole remedies provide compensation for foreseeable financial losses that extend beyond lost wages alone. 

Disputes involving union activity, protected group complaints, retaliation, and unlawful termination often turn not only on whether the employer violated the law, but also on what the worker is entitled to recover. Our team at Brandon J. Broderick tracks changes in labor law remedies because those changes affect the value and strategy of many claims. The expanded make-whole policy now reaches certain financial harms beyond lost wages, increasing the potential consequences of unlawful labor practices. 

This guide explains what types of monetary losses may now be recoverable beyond back pay, how these remedies apply, what evidence is used to establish damages, and when to consult a whistleblower lawyer in New Jersey.

How Thryv Expanded NLRB Make-Whole Remedies In NJ

The National Labor Relations Board enforces the National Labor Relations Act. It protects the workers' right to unionize, act together over pay and working conditions, and speak up about their jobs. It covers union and non-union workers alike. 

Section 10(c) of the National Labor Relations Act, 29 U.S.C. § 160(c), authorizes the Board to order remedies when an employer commits an unfair labor practice. For example, retaliating against employees engaged in protected activity or disciplining a worker for refusing to assist anti-union efforts. 

Those remedies were equitable for decades. The Board ordered reinstatement to the job, back pay for lost earnings, restored benefits, and a posted notice telling workers their rights were violated. Back pay would replace the missing paycheck, and reinstatement would return the worker to the same position.

Traditional remedies addressed only part of the financial harm. Losing a job means falling behind on bills and struggling to meet everyday financial obligations. Recent surveys show that roughly 51% of U.S. adults do not have enough emergency savings to cover three months of living expenses. As a result, the financial impact of an unlawful termination extends well beyond lost earnings. 

The Board addressed the problem in Thryv, Inc., 372 NLRB No. 22, decided Dec. 12, 2022. 

It held that make-whole relief should include compensation for all direct or foreseeable pecuniary harms caused by the unfair labor practice, not only lost earnings. 

This means the remedy is no longer limited to the paycheck someone missed out on. It can also cover other financial losses that flow from the unlawful conduct, including out-of-pocket costs and late fees. These are expenses that are reasonably connected to what the employer did and were foreseeable at the time.  

The decision was intended to account for the full financial harm that follows a firing. It brings NLRB remedies closer to the broader compensation available under other employment laws. It also increases the potential cost of violating labor law.

Protected activity includes:

• organizing or supporting a union
• raising group complaints about wages or workplace safety
• acting together with coworkers regarding working conditions, known as concerted activity
• speaking out in ways that may overlap with whistleblower conduct

Retaliation can fall under multiple laws in New Jersey, including the Conscientious Employee Protection Act and federal OSHA protections. The NLRB route is one option, and Thryv expands recovery by focusing on the specific harms caused by the violation. Speaking with a whistleblower attorney in New Jersey can help assess the situation. 

How Consequential Damages Changed Labor Board Remedies Under NJ Law

Thryv and the General Counsel guidance that followed identified categories of out-of-pocket harm that extend beyond back pay for New Jersey workers. The goal is to account for the financial consequences once wages stop coming in. 

Those harms include:

• Credit-card interest and late fees that accumulate after a missed paycheck
• Early withdrawal penalties from retirement accounts
• Loss of a vehicle or home after missed loan or mortgage payments
• Out-of-pocket medical expenses after losing employer-provided health coverage
• Childcare and transportation expenses tied to the disruption
• Additional items added in later guidance, such as unreimbursed tuition, utility charges, legal fees from eviction proceedings, and immigration-related costs

For lower-wage workers, even a modest paycheck may be accompanied by depleted retirement savings and relocation costs. Those consequences persist after wages are restored. The worker documents each loss, and the Board includes them in the make-whole remedy alongside reinstatement and back pay. 

Whether workers recover these damages now depends on later court decisions, and the result is not the same everywhere. When we review these claims, one of the key questions is where the case arises, because New Jersey falls on the more restrictive side of the federal court split. 

Remedies Beyond Back Pay and Where New Jersey Stands 

The objection to Thryv rests on the wording of the statute. Section 10(c) gives the Board authority to order equitable relief, meaning reinstatement and back pay. Critics argued the consequential damages in Thryv are legal damages, the tort-like compensation a court awards, which Congress never authorized the Board to grant. 

The U.S. Supreme Court held decades ago that the Board cannot award full compensatory damages, in Republic Steel Corp. v. NLRB, 311 U.S. 7 (1940), and UAW v. Russell, 356 U.S. 634 (1958).

The federal appeals court covering New Jersey has rejected the Thryv remedies. In NLRB v. Starbucks Corp., decided December 2024, the Third Circuit held that the Board exceeded its authority by ordering additional compensation. 

The Board itself has taken a step back from the expanded remedies. In 2025, the Acting General Counsel directed Regional Directors not to seek the additional damages recognized in Thryv. That means the agency is no longer actively pursuing previously supported expansions.

For now:

• Thryv has not been overturned by the Board.
• The Third Circuit does not currently support enforcement of the expanded remedies.
• Federal courts disagree about whether those remedies are lawful.
• The Board lacks a quorum and cannot issue a new precedent for now.
• Several unresolved legal problems continue to cloud the future of the expansion.

The expanded damages discussed in Thryv remain part of the legal conversation, but New Jersey workers cannot currently recover them through the NLRB because of the Third Circuit's position. This may change as the courts and the Board continue to address the question. While building retaliation claims, our attorneys at Brandon J. Broderick focus on helping workers understand what legal options and potential recovery are available under the current state of the law. 

What New Jersey Workers Need to Know About Make-Whole Remedies

Workers in New Jersey cannot currently recover the expanded Thryv damages through the NLRB, including losses such as credit-card interest or vehicle repossession costs. The Third Circuit has rejected those remedies for now.

The conduct remains illegal. Workers who are fired for protected activity still have access to traditional NLRB remedies, including reinstatement and back pay. These protections aren’t limited to unionized workplaces. They also apply to whistleblowers in startups or employees of family-owned businesses.  The disagreement is about the expanded damages, not the basic protections. 

New Jersey law often provides remedies that are not currently available through the NLRB. The Conscientious Employee Protection Act (CEPA) protects workers who report or object to conduct they reasonably believe is illegal or threatens public health or safety. Employees can file a lawsuit directly and seek back pay, compensation for financial and emotional harm, punitive damages, and attorneys' fees.

The New Jersey Law Against Discrimination offers similar remedies when retaliation is connected to a protected characteristic such as race, sex, age, disability, or religion. New Jersey also recognizes certain wrongful termination claims, which apply when a firing violates a clear public policy.

The right claim depends on what led to the retaliation. Some workers are targeted for union activity, others for whistleblowing or for reasons tied to a protected characteristic. It is not unusual for the same set of facts to support both an NLRB charge and a state-law claim. 

Timing matters. An NLRB charge generally must be filed within six months, a CEPA claim within one year, and a Law Against Discrimination claim within two years. Waiting too long or focusing on the wrong legal avenue can result in important rights expiring. 

Missed paychecks can lead to mounting debt, missed payments, damaged credit, and depleted savings. For now, the Third Circuit has closed that path in New Jersey. Workers seeking recovery for the broader financial consequences of retaliation often have stronger options under state laws such as CEPA or the New Jersey Law Against Discrimination. That analysis could change if the Supreme Court addresses the issue or if a future Board takes a different approach.

If you were fired or faced retaliation for union activity or whistleblowing, contact us today for a free consultation. 

We can review the facts, explain your options under federal and New Jersey law, and help ensure important filing deadlines do not pass before action is taken.