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Sunday, May 3, 2026

Punching In: NLRB Backs Off Potent Tool, Overtime’s Ill Effects - Bloomberg Law

Monday morning musings for workplace watchers.

SCOTUS Pushes NLRB Off 10(j)|Is Overtime Killing You?

Robert Iafolla: The National Labor Relations Board has grown reluctant to seek immediate court orders to halt alleged labor law violations, once a potent weapon in the agency’s limited arsenal.

The NLRB has authorized regional directors to file injunction petitions just four times so far in 2024, a precipitous drop compared to recent years—and on pace for a lower annual total than the lowest during the Trump administration. The agency has even dropped a few injunction bids.

General Counsel Jennifer Abruzzo pledged to reinvigorate the use of 10(j) injunctions, named after the section of the National Labor Relations Act that empowers the NLRB to go to court for injunctions against employers as the agency processes the underlying unfair labor practice cases.

And she succeeded. The NLRB authorized 10(j) petitions at the rate of 17 per year from when Abruzzo became GC in July 2021 to the start of this year.

Although that didn’t match the NLRB’s frequency during the Obama administration—including 58 petitions in 2012 alone—it topped the board’s rate of 10.4 per year when Trump-appointed Peter Robb was general counsel.

The agency’s top 10(j) target during the Biden administration, Starbucks Corp., deployed an unusual strategy to defend against injunction bids by aggressively seeking discovery.

Beyond bogging down cases, the company brought the 10(j) process before a conservative...



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