Hoffman Plastics v. NLRB: Changing the scope of remedial discretion afforded regulatory agencies

Abstract

In Hoffman Plastic Compounds Inc. v. NLRB (2002), the US Supreme Court addressed the issue of the impact of certain federal statutes on the remedies available to an illegal alien who was a victim of his employer's retaliation in violation of the National Labor Relations Act. This column first examines the facts and procedural history underlying Hoffman Plastics. Next, the Court's holding and rationale are discussed. Finally, this column addresses the implications of Hoffman Plastics on remedies available to undocumented aliens in other settings and on the general scope of remedial discretion that will be afforded to federal regulatory agencies in the future.