NLRB, Government Agencies

SpaceX Exploration: Constitutional Challenge to NLRB Structure

Bradley Arant Boult Cummings LLP on 9/5/2024

Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

U.S. Federal Antitrust Agencies Announce Cooperation Initiative with Labor Agencies in Merger Review

Sheppard Mullin Richter & Hampton LLP on 8/30/2024

On August 28th, the Federal Trade Commission (the “FTC”) and the Department of Justice Antitrust Division (the “DOJ”) (the “Antitrust Agencies”), together with the Department of Labor (the “DOL”) and National Labor Relations...more

Sixth Circuit Declines to Defer to NLRB Decision Citing Loper Bright

Genova Burns LLC on 8/28/2024

There has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s, statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision...more

U.S. Supreme Court Decision Eliminating Deference to Federal Agencies Expected to Create Challenges to Rules Impacting Employers

Morgan, Brown & Joy, LLP on 8/6/2024

On June 28, 2024, by a 6-2 majority, the United States Supreme Court issued a landmark ruling in Loper Bright Enterprises, et al. v. Raimondo (“Loper Bright”) that is expected to fundamentally change the course of...more

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

Sheppard Mullin Richter & Hampton LLP on 7/31/2024

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

What Does the End of Chevron Deference Really Mean for Employers?

Bradley Arant Boult Cummings LLP on 7/30/2024

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

So Long, Chevron: What The Elimination Of Agency Deference Means For Employers And The Future Of Labor And Employment Law

Kelley Drye & Warren LLP on 7/23/2024

Generally speaking, it’s difficult to drum up excitement about administrative law (except amongst those of us who deal regularly in the labor and employment law arena and other highly regulated areas of law). That has now...more

A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

Venable LLP on 7/19/2024

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Chevron and Carry On July 2024 - The End of Chevron: Considerations for Private Equity, Banks and Investors

Cadwalader, Wickersham & Taft LLP on 7/12/2024

It’s been less than two full weeks since the U.S. Supreme Court issued its Chevron decision, yet the myriad impacts of the ruling have caused many of us to feel like it’s been much longer, as we’ve stretched each day weighing...more

The Supreme Court Overturns Chevron, Bringing Clarity to Whether the District Courts or Federal Agencies Interpret Ambiguous...

Kohrman Jackson & Krantz LLP on 7/12/2024

The Supreme Court recently a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory provisions involving federal...more

Labor Board Rules in Jeopardy in the Post-Chevron Era: What Employers Need to Know

Fisher Phillips on 7/12/2024

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more

Chevron’s Passing Likely to Reshape Labor and Employment Law as SCOTUS Questions Presumption of Agency Subject Matter Expertise

Genova Burns LLC on 7/10/2024

On June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous...more

The death of Chevron

Constangy, Brooks, Smith & Prophete, LLP on 7/9/2024

You may be asking. What is Chevron deference? How did it die? Why should I care? All fair questions. I will start by answering the last one. If you own, operate, or manage a business covered by the complex web of federal...more

How the Chevron Decision Limits NLRB Influence

Stevens & Lee on 7/3/2024

In Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the Supreme Court ended the Chevron Doctrine. While these cases did not directly involve the National Labor Relations Board (NLRB), they...more

Supreme Court Upends Regulatory Law – Major Impact on Employers Possible!

Proskauer - California Employment Law on 7/2/2024

For the past 40 years, federal administrative agencies have enjoyed broad latitude in interpreting statutes passed by Congress. Known as “Chevron deference,” courts have routinely deferred to the agencies’ often politically...more

Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes...

Proskauer - Labor Relations Update on 7/2/2024

The U.S. Supreme Court issued two blockbuster decisions last week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced...more

Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions

Bass, Berry & Sims PLC on 7/1/2024

On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to...more

Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to Federal Agencies: What It Means for Employers

Jackson Lewis P.C. on 7/1/2024

The U.S. Supreme Court has overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. Loper Bright Enters. v. Raimondo, No. 22-451, and Relentless, Inc. v....more

The Attack on Employment Noncompetes: The Status of Federal Initiatives

Clark Hill PLC on 1/30/2024

Historically, enforcement of noncompete agreements has been a subject of state law, not federal law. States have taken many different approaches to the agreements. A few states have enacted laws that ban the enforcement of...more

Beltway Buzz - November 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/6/2023

POTUS Issues Executive Order on AI Framework. On October 30, 2023, President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (EO). According to its...more

What a Government Shutdown Means for Employers: Many Agencies Will Sharply Curtail Operations, Delaying New and Pending Cases

Littler on 10/2/2023

Federal appropriations are set to expire at midnight (ET) on Saturday, September 30. Unless lawmakers agree to a spending plan before then, much of the federal government will shut down....more

National Labor Relations Board › Government Agencies