US Labor, Employment, and Workplace Safety Alert
On 28 June 2024, the US Supreme Court in Loper Bright Enterprises v. Raimondo1 (Loper Bright) overturned the 40-year-old Chevron doctrine, which required courts to defer to federal agencies’ reasonable interpretations of ambiguous statues. In the three months since Chevron’s fall—as well as other recent significant administrative law rulings2 —a clearer picture has emerged of what a post-Loper Bright administrative state may look like for federal employment and labor law practitioners. Among the federal labor and employment law issues that may be affected by Loper Bright are union elections, tip credits, noncompetition agreements, and much more.
In the post-Loper Bright era, there may be more immediate legal uncertainty because federal courts will now likely take a more active role in scrutinizing agency rulemakings, enforcements, and adjudications. Perhaps most importantly, in the medium to long term there could be less policy vacillation if the White House changes parties since underlying law will not be so readily subject to political reversal.
What follows is an analysis of how Chevron’s demise and subsequent related developments may affect—or have already affected—key federal labor and employment administrative agencies and laws.
The Biden administration’s National Labor Relations Board (NLRB or the Board) and General Counsel (NLRB GC) have been among the most ambitious federal...
War Recovery of Ukraine Politics Economy Fact checks Defense Society and Culture Sports Crime Accidents and Emergencies Contacts More » Topics War Recovery of Ukraine Politics Economy Fact c...