This week, we’re concentrating on the flurry of challenges that federal agencies—such as the U.S. Department of Labor (DOL), the National Labor Relations Board, and the Occupational Safety and Health Administration (OSHA)—have recently faced in the courts. We’ll also discuss potential changes to the U.S. Supreme Court’s (SCOTUS’s) controversial Chevron deference doctrine.
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Federal Agencies Push Boundaries
Federal agencies began 2024 with several major actions to expand their authority, including the DOL's expansive final rule for differentiating employees from independent contractors under the Fair Labor Standards Act and the White House’s review of OSHA's final rule on worker inspections.
Federal Oversight Faces Backlash
As federal agencies attempt to expand their authority, employers, trade groups, and politicians have pushed back on those expansions, including challenges to the DOL's worker classification rule.
SCOTUS Chevron Deference Could Mean Drastic Changes
While challenges in the lower courts could slow the spread of federal agency authority, a SCOTUS ruling that narrows or eliminates Chevron deference could mean drastic changes in this area.
Other Highlights
From Whistleblower to Defendant: Understanding the Implications of U.S. ex rel. Cooley v. ERMI, LLC
Workforce Bulletin
Gregory Keating, Adam Paine
D.C. Expands Coverage of Minimum Wage Law
Wage and Hour Defense Blog
Frank C. Morris, Jr.; Eric I. Emanuelson, Jr.; Jessica Hajdukiewicz
Understanding Employment Law 2024: Navigating Diversity and Inclusion and Affirmative Action in 2024
Events
Shawndra G. Jones
Your Workforce. Our Business.SM
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Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®.
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