In 2011, Mimbres Memorial’s parent, Deming Hospital Corp., was ordered by the National Labor Relations Board to pay 13 employees roughly $105,000 in back pay for the hour reductions, which began in 2004. The NLRB upheld a 2004 ruling by an administrative law judge that the hospital must repay the employees for the lost hours, and payment would not be reduced for interim earnings, or pay received from other employment.
The hospital asked the U.S. Court of Appeals to hear the case, while the NLRB cross applied for enforcement. In its recent ruling, the appeals court granted the NLRB’s request, reinforcing the NLRB’s ruling on all issues, except for interim earnings. The court instead ordered the issue back to the NLRB, so it can “amplify” its position on interim earnings.
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