The NLRB in Latino Express, Inc., 359 NLRB No. 94 (July 31, 2012) (scroll down to decision) decided not to decide two issues raised by the Acting General Counsel and instead invited “all interested parties” to file briefs on two issues regarding awarding backpay to discriminatees:
Should the Board routinely require a respondent to:
(1) submit the appropriate documentation to the Social Security Administration so that when backpay is paid, it will be allocated to the appropriate calendar quarters; and/or
(2) reimburse a discriminatee for any excess Federal and State income taxes the discriminatee may owe in receiving a lump-sum backpay award covering more than 1 year.
Briefs are due by October 1, 2012.