Amazon, SpaceX And Others Are Arguing That The NLRB Is Actually Unconstitutional - TPM – Talking Points Memo

The difference used to be that the price of admission for filing in front of the NLRB was only a few grand (I don’t know if that’s still true) while filing in federal court could cost you mid six figures just to get started.) There are also a bunch of rules for getting into federal court (dollar amount at issue, locations of the plaintiff and defendant and such) that have often made removal to federal court a kiss of death for consumer and worker litigation. So I’m not sure that’s the answer.

Unfortunately, the answer is likely a bunch of new law, including criminal liability for the management chain of companies that steal from workers or physically abuse them. And maybe congressional or judicial reform of the incredibly corporate-friendly limit of punitive damages to less than 10x provable actual damage. (Because if all you have to do if you’re found guilty of illegal firings is rehire people and pay a piddling fine, it’s just a cost of doing business.)

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