U.S. Circuit Court Holds Haven Salon + Spa in Contempt, Orders Payment of Fines and NLRB Attorney Fe
Source: NLRB
March 06, 2023
On February 27, 2023, the United States Court of Appeals for the Seventh Circuit (the Court) granted the NLRBs Petition for contempt against Haven Salon + Spa, Inc. for failing to comply with a Board Order remedying Havens unlawful termination of an employee who engaged in protected concerted activity, which was enforced by the Court. To remedy Havens failure to comply, the Court ordered Haven to fully comply with the Boards Order, pay all reasonable costs and expenses, including attorneys fees, and pay a fine of $1,000, in addition to escalating daily fines, if Haven continued not to comply with the Courts order.
As the Seventh Circuit explained, Parties ignore court orders at their peril. . . . [T]he point applies with full force to orders of the National Labor Relations Board.
In May 2020, Haven unlawfully fired an employee after protesting working conditions on behalf of herself and her co-workers, specifically that Haven was not doing enough to protect employees from COVID-19. After Haven heard that the employee had filed an unfair labor practice charge with the NLRB, Haven threatened legal action against her and her family.
After a hearing at which Haven failed to appear or participate, an Administrative Law Judge (ALJ) found that Haven had unlawfully terminated and threatened the employee in violation of the National Labor Relations Act. The ALJ recommended that the Board order Haven to compensate the employee for lost pay and expenses, offer reinstatement, notify the employee that it had removed references of her unlawful termination from the employee file, post notices of employee rights in its store locations, and file a sworn certification with the Board attesting to its compliance. The Board then adopted the ALJs order in the absence of exceptions. The Board asked the Court to summarily enforce its Order, which it did in September 2021.
Because Haven wholly failed to comply with significant parts of the court-enforced Board Order, the Seventh Circuit held Haven in contempt, ordered Haven to pay the NLRBs attorneys fees and costs, and imposed fines that are forgivable only if Haven fully complies within one week of the Courts Order.
NLRB General Counsel Jennifer Abruzzo noted, We agree wholeheartedly with the Seventh Circuits view that noncompliance with court-enforced Board orders cannot stand. This case is a demonstration of the NLRBs commitment to pursue all available remedies for victims of unfair labor practices under the NLRA and vigorously pursue legal action to ensure violators comply with Board orders and settlements.
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Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.
Read more: https://www.nlrb.gov/news-outreach/news-story/us-circuit-court-holds-haven-salon-spa-in-contempt-orders-payment-of-fines
FULL title: U.S. Circuit Court Holds Haven Salon + Spa in Contempt, Orders Payment of Fines and NLRB Attorney Fees
Stuart G
(38,445 posts)paying anything. (if it waits long enough)..
....That is what ownership was sure of. Just like their hero Trump...Trump gets away with it, so the owners thought
they could get away with it too.
.....But Hevan Spa did NOT evern .. ."appear for the hearing." so ownership has to decide what to do.
......Close the place down, and not pay, or pay the fines and charges against it. 7th Circuit Court then decided
to fine the company & pay Attorney Fees. ............My guess is that if owners do NOT pay..they will still be
charged for their failure to pay.
.....This is NOT TRUMP, & THE U.S. COURT CAN ORDER WHAT IT CAN ORDER. FOLLOW THE ORDERS OF THE COURT,..............
OR "FACE THE CONSEQUENCES." (decide to pay or go bankrupt..yes, that will take time, but that is what will happen)
.........AND THIS IS A COURT ORDER & THAT SAYS IT ALL!!!
MichMan
(11,971 posts)Force them out of business
Stuart G
(38,445 posts)I looked it up. Very successful business. Lots of money, so it thought it could get away with anything.
I am afraid the ownership doesn't know the show. Court Orders are "Court Orders."
I wonder if the ownership wants to defy ...."Court Orders?"