The Breadth of Hoffman Plastic
October 1, 2003Michael T. Taylor
In Hoffman Plastic Compounds, Inc., v. NLRB, 122 S.Ct. 1275 (2002), the Supreme Court was presented with the following question: Can the National Labor Relations Board award backpay to a worker who has never been legally authorized to work in the United States? The Court held that awarding backpay under these circumstances is not within the Board’s remedial discretion.