by: Kurt G. Larkin, Christopher M. Pardo, Susan F. Wiltsie, Elizabeth England, Eileen Henderson, and Tyler S. Laughinghouse of Hunton Andrews Kurth - Publications
Friday, August 2, 2024
The US Supreme Court’s recent decision in Loper Bright v. Raimondo has reset the regulatory landscape in the United States. The court’s decision overturned the longstanding Chevron deference doctrine (“Chevron deference”) that courts had relied upon for almost 40 years when evaluating whether to defer to federal agency rulemaking and case adjudications. Courts applying Chevron deference permitted an agency’s interpretation of ambiguous statutory language to stand, so long as it was deemed a reasonable interpretation of the implementing statute. The Supreme Court’s ruling in Loper Bright opens the door for courts to provide their own interpretations of federal statutes in such circumstances. This article addresses the impact this significant decision may have in the labor and employment arena.
NLRB Impact of Loper Bright
The National Labor Relations Act (“NLRA”) gives the National Labor Relations Board (“the Board” or “NLRB”) the statutory authority to make necessary rules and regulations to effectuate the provisions of the NLRA, including the express authority to prevent unfair labor practices and to oversee union elections.
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