This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations Board’s (NLRB’s) joint-employer rule, and SpaceX’s groundbreaking suit against the NLRB.
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On January 9, 2024, the DOL released its final rule on worker classification under the FLSA. This final rule rescinds and replaces the rule established under President Trump in 2021.
The NLRB revived an Obama-era standard last year, issuing a final joint-employer rule. The House of Representatives recently voted to repeal the rule, which will take effect in February 2024. President Biden has said he will veto the repeal if it passes the Senate.
SpaceX recently filed suit in Texas against the NLRB, accusing the agency of an unconstitutional exercise of authority.
This story and the previous two stories show deep disagreements about how much authority federal agencies should wield. That’s a question the U.S. Supreme Court is taking head-on in this term.
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