July 31, 2024
Welcome!
Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence, Workplace Investigations, Leave under the Family and Medical Leave Act, the DOL’s Recent Changes to the Salary Basis Test, and the Impact of the Supreme Court’s decision overturning Chevron. We hope you find these topics engaging and informative.
As always, thank you for reading.
Anticipating the Impact on Employers Post-Chevron Being Overturned
By Carrie H. Grundmann
On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo (Loper), overturning and eliminating the Chevron doctrine or Chevron deference, a legal principle established by a 1984 decision of the Supreme Court known as Chevron U.S.A., Inc. v. Natural Resources Defense Council. For precisely four decades, the Chevron doctrine obligated lower courts to defer to federal agencies' interpretations of ambiguous laws provided the agency's position was reasonable. Under the new standard post-Chevron, courts are no longer obligated to defer to an agency’s interpretation but must now exercise independent judgment in construing statutes administered by agencies in order to determine the "best reading" of the law, using all relevant interpretive tools. This begs the question, what does the United States Supreme Court’s decision overturning Chevron...
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