Morgan, Lewis & Bockius LLP’s Post

In our latest LawFlash, we provide a brief summary of the expected impacts and practical guidance on labor and employment issues in a post-Chevron world. 

It's #TipTuesday! Brianna L. Schmid, Esq. provides this week's tip providing insight on the recent Chevron decision and warning employers to be prepared for an uptick in scrutiny by the courts: The United States Supreme Court just rejected the 40-year-old legal doctrine commonly referred to as the Chevron Doctrine which, historically, instilled federal agencies with the power to make the final call on the interpretation of ambiguous laws and regulations. The ruling effectively shifts this interpretation power from the executive branch agencies to the courts. Employers should be prepared for an uptick in scrutiny by the courts of guidance on familiar employment laws from federal agencies, such as the Equal Opportunity Commission (EEOC) or the Department of Labor (DOL), which, historically, have been given considerable deference. Under the new ruling, it is the courts, not the agencies, who will have the final say on the interpretation of such laws. #employmentlaw #SCOTUS #Chevron

Join members of the Barnes & Thornburg Labor and Employment team on Aug. 14 for an update on major court decisions against the NLRB, challenges to the FTC’s non-compete ban and DOL’s new White Collar Exemption Rules, and what these moves mean with the end of Chevron deference. Learn more or register: https://lnkd.in/guSPDzKP #BTLawNews #ContinuingLegalEducation #LaborAndEmploymentLaw

Anne Yuengert and Lauren M Vogel’s latest Labor & Employment Insights blog post explores a significant constitutional challenge against the National Labor Relations Board and its wider implications. Learn how recent Supreme Court rulings and ongoing legal battles could reshape administrative adjudication and labor rights. [https://lnkd.in/eCe_nFhi]

Recent Supreme Court decisions restrict federal agency powers, potentially curbing the National Labor Relations Board's (NLRB) efforts to expand its reach under the National Labor Relations Act (NLRA). Learn more about the impacts of Loper Bright Enterprises v. Raimondo and SEC v. Jarkesy in our latest #labor & #employment client alert written by Jonathan Turner and Eric Engelman.

⚖ What's all this hubbub about Chevron being overturned by SCOTUS? Do employers need to know anything about this? The extreme tl;dr is that this does not directly impact HR! Chevron is the name of a Supreme Court case from 1984 where the Court decided that if Congress wrote an ambiguous law (e.g., the Fair Labor Standards Act) and the enforcing executive branch agency (e.g. the Department of Labor) interpreted it through rulemaking (i.e., rules, regs), the Court would give deference to those rules. Basically the Court would say "okay, DOL, you know your stuff when it comes to employment laws, so we'll assume your rules accurately reflect what Congress intended and what makes most sense, unless what you came up with seems really out of line with the statute as written." Now, the Court says they will "respect the delegation" of rulemaking to an agency--meaning they'll give the agency interpretation some weight if the agency was specifically invited in the statute to interpret that piece of the law--but if the agency wasn't invited, the courts will more or less ignore anything the agency has done through rulemaking and settle any ambiguities with totally fresh eyes. This ruling (in my opinion) puts all executive agency-made regulations at higher risk of litigation, so things might get more interesting on the employment law front over the next few years. It doesn't immediately impact the rules and regulations that are already out there, though, so there's no cause to panic (or rejoice) just yet.

The overturning of #Chevron has significant implications for the NLRB and the regulatory landscape. Understand what this means for employers and labor relations in our latest article by Jackson Lewis’ Labor Relations group Co-Leaders Jonathan Spitz and Richard Vitarelli and attorneys Lorien Schoenstedt and Robert Seigel: https://lnkd.in/grS_ybyv #NLRB #LaborLaw 

Very useful read. Also important reminder that if you have a non-compete agreement that is in contravention to California state law, you have until February 14, 2024 to remediate that issue! The penalties for failing to do so are quite steep. Luckily for employers everywhere, that’s exactly what we do here at Jackson Lewis. We solve legal headaches like these so that you can sleep just a little bit easier tonight. #laborandemployment #legalinsights #legalnews #californialaw #complianceconsulting

A fascinating ruling in many ways. Lots to digest on how to thwart many arguments that government agencies and plaintiff's counsel use in reliance on agency regulations. More to come as we more fully analyze this ruling. For now, Littler's Alex MacDonald and Michael Lotito review the #SupremeCourt's decision to overrule Chevron, USA Inc. v. Natural Resources Defense Council and what that means for employers. #employmentlaw

What should employers watch out for after the #SupremeCourt overruled Chevron, USA Inc. v. Natural Resources Defense Council? Our colleagues Alex MacDonald and Michael Lotito discuss what this means for agencies like the #DOL and the #NLRB that make rules for employers. #employmentlaw