The Supreme Court recently handed a victory to employers by giving them more tools to challenge federal agencies during administrative proceedings. Employers likely know how daunting it can seem to challenge federal officials – whether you’re facing an action from the Department of Labor, NLRB, OSHA, EEOC, or some other regulatory body. As we predicted back in January, SCOTUS opened up some avenues for employers to contest administrative proceedings in court without having to wait for the administrative process to play out. The ruling didn’t go as far as some of the more conservative Justices would have liked — and we were surprised to see the unanimous opinion penned by liberal Justice Elena Kagan — but the April 14 decision provides some good news that you can add to your litigation arsenal. What do you need to know about the decision and its impact on employers?
Why is the Issue Significant?
A number of federal regulatory agencies oversee workplace dealings and have the authority to bring claims against employers. Most notably, employers face the potential of a federal agency challenging their labor relations practices, wage and hour compliance, workplace safety standards, and general human resources activity.
Disputing a federal agency’s action is difficult, particularly since agencies create, interpret, and enforce their own rules. Unfortunately, employers are often forced to compromise when faced with regulatory challenges given the procedural nature of such claims...
The Trump administration’s fraud prosecution of the Southern Poverty Law Center is set for arraignment on Thursday afternoon. Ahead of the scheduled court appearance in Alabama, defense lawyers fo...