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Volume 4: Issue 2
The Breadth of Hoffman Plastic
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In Hoffman Plastic Compounds, Inc., v. NLRB, 122 S.Ct. 1275 (2002), the Supreme Court was presented with the following question: Can the National Labor Relations Board award backpay to a worker who has never been legally authorized to work in the United States? The Court held that awarding backpay under these circumstances is not within the Board’s remedial discretion.