Senate BBB Act to Include Significant Labor Violation Fines

Over the weekend the Senate Health, Education, Labor, and Pensions (HELP) Committee released its version of the provisions of the Build Back Better (BBB) Act under its jurisdiction. The text maintains many of the significantly increased labor fines outlined in the House-passed legislation.

Under the bill, penalties against employers who violate the National Labor Relations Act (NLRA) can be as high as $50,000 per violation. For employers who commit violations that result in “serious economic harm” to an employee, the penalty can double up to $100,000 if the employer was found to have committed a similar violation within a five year period.

The BBB Act is still undergoing significant changes in the Senate as moderate and progressive Democrats work to bridge the divide over various provisions in the legislation, including those related to the state and local tax deduction and the paid family and medical leave program. Under congressional rules, reconciliation bills must meet certain budgetary standards, and the Senate Parliamentarian ultimately decides whether provisions in the bill meet those standards. Senate Republicans plan to challenge the NLRA penalties as beyond the scope of a budget reconciliation bill.

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