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ARTICLE · 16 JULY 2024

Top Five Labor Law Developments For June 2024

Jackson Lewis P.C.
Jackson Lewis P.C.
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Jackson Lewis P.C.

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The U.S. Supreme Court raised the standard a U.S. district court must apply when analyzing the propriety of a 10(j) injunction. No. 23-367 (June 13, 2024).

United StatesEmployment and HR
  1. The U.S. Supreme Court raised the standard a U.S. district court must apply when analyzing the propriety of a 10(j) injunction. No. 23-367 (June 13, 2024). The decision requires courts to use a four-part test when evaluating whether to grant a preliminary injunction at the request of the National Labor Relations Board's regional offices pending litigation of a complaint under the National Labor Relations Act. Courts have been split on which test should apply: the four-part test used in traditional litigation settings, a more lenient two-part test, or a hybrid of the two. The Court ruled the traditional litigation standard should apply. A party seeking injunctive relief must "make a clear showing" that: (1) it is likely to succeed on the merits; (2) it is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in his favor; and (4) an injunction is in the public interest. This will raise the Board's burden of proof and

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