The Breadth of Hoffman Plastic

By Michael T. Taylor
October 01, 2003
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.