The Department of Labor (DOL) and the National Labor Relations Board (NLRB) are facing imminent danger because of the U.S. Supreme Court’s recent decision eliminating Chevron deference.

The NLRB has increasingly wielded considerable power in labor law, significantly shaping workplace regulations. Several factors have contributed to this authority:

• The National Labor Relations Act (NLRA) allows extensive agency interpretation, especially as workplace dynamics have evolved since 1935.
• The NLRB historically relied on Chevron deference to support its regulations, irrespective of the political party in power.
• Increasing politicization of the board has resulted in significant ideological shifts depending on the administration.

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