The changes just keep coming at the National Labor Relations Board (NLRB), and not in a good way for many employers. By a 3-2 vote on Tuesday of this week, the Board broadened its make-whole remedy for unfair labor practices by including a requirement that employers must compensate victimized workers for “all direct or foreseeable pecuniary harm” as a result of a labor law violation. The agency justified the change explaining that victims of unfair labor practices may incur significant financial costs, such as out=-of-pocket medical expenses, credit card debt, or other costs – in addition to loss of earnings and benefits – that are a direct or foreseeable result of the unfair labor practice and will include those costs going forward. And they still weren’t done! This week, the agency restored an Obama-era bargaining unit test that made it easier for unions to secure representation elections for bargaining units that are narrower than a facility’s full workforce. The decision returns the 2011 standard established in Specialty Healthcare & Rehabilitation Center of Mobile, reversing Trump-era rulings in PCC Structurals (2017) and The Boeing Company (2019), both of which lowered the bar for employers to expand units past a union’s proposed bounds. And finally, just yesterday, in Sunbelt Rentals, Inc. the Board reaffirmed its position that interviews of workers by employers preparing for unfair labor practice proceedings violates the National Labor Relations Act (NLRA) unless the employer gives very specific assurances – such as, no reprisals and the employee voluntarily participates.