As featured in #WorkforceWednesday®: This week, we’re delving into the U.S. Supreme Court’s recent overturning of the Chevron doctrine and how this landmark decision is opening the floodgates for challenges against federal agencies.
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Chevron Deference
For decades, courts have relied on the Chevron doctrine, deferring to agency subject-matter expertise when interpreting ambiguous legislation. That ended with the Supreme Court's recent Loper Bright v. Raimondo decision.
Federal Agency Authority
The Loper Bright decision will provide an opportunity for employers and others to challenge agency interpretations and authority in the future. While this ruling is a major development, it is part of a broader shift in views on agency deference that we were already seeing in the courts.
D.C. Circuit Continues Deference
On the other hand, the U.S. Court of Appeals for the District of Columbia Circuit signaled the complexity of the current situation when it upheld a National Labor Relations Board ruling against the Hospital de la Concepción after the Loper Bright decision was handed down. Thus, it is clear that the courts are grappling with when and to what degree they should defer to federal agencies’ interpretation and application of statutes.
Other Highlights
Supreme Court Overturns Chevron—but for Stakeholders, the Impact Is No Cause for Alarm
Workforce Bulletin
Steven M. Swirsky, Paul DeCamp
Federal Court Denies Plaintiffs’ Motion for Reconsideration Seeking Expanded Scope of Injunction Staying the FTC’s Non-Compete Rule
Trade Secrets & Employee Mobility
Daniel R. Levy
Non-Competes Under Fire, the Benefits of Forfeiture-for-Competition Clauses Getting a Fresh Look
Benefits Pro
Jeb Gerth, Erik W. Weibust
The U.S. Department of Labor’s Final Rule Increasing the Salary Threshold for EAP Exemptions Took Effect, Except for the State of Texas as an Employer
Wage and Hour Defense Blog
Alexandria Adkins
Plaintiffs in California Putative Class Action Lose Numerous Challenges to Enforcing Arbitration, Barring Unclean Hands
Wage and Hour Defense Blog
Benjamin T. Runge
Pumping the Brakes: New York Seeks to Curb AI Acceleration in Labor Market
Workforce Bulletin
Frances M. Green
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Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®.
Visit this episode's page at https://www.ebglaw.com/eltw352.