Workplace Law After ‘Loper’
About this issue
> Bookmark this hub for insights into employers’ most crucial concerns following the end of a 40-year precedent: Are current rules still applicable and how much future federal regulation can my business really expect?
The U.S. Supreme Court’s Loper Bright decision overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. It may have been the most momentous business-related decision of the 2024 term. But it wasn’t the only one. Corner Post and Jarkesy could prove to be just as consequential for federal agency authority.
Since many regulations issued by federal agencies such as the DOL, EEOC, FTC, NLRB and OSHA affect the workplace every day, the cumulative impact of these decisions and likely continued challenges regarding federal agency authority, can significantly impact employers.
Key takeaways
- Stay abreast of court decisions that may impact regulations.
- Be aware that decisions may be limited to some employers and/or some jurisdictions.
- Employers faced with litigation hinging on certain regulations may consider challenging the rule in question.
- Employers currently in agency litigation where civil penalties may be assessed may consider challenging the proceeding.
- In some circumstances, there may be cause to bring facial challenges to problematic regulations.
