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Supreme Court of the United States › National Labor Relations Board › Administrative Procedure Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Foley & Lardner LLP

No More Chevron Deference: What Does This Mean for Employers?

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From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more

Morgan, Brown & Joy, LLP

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

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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

Kelley Drye & Warren LLP

How Recent Changes to Administrative Law May Alter Labor and Employment Law as We Know It

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Few legal developments sound less sleep-inducing than ​“changes to federal rulemaking authority.” But don’t mistake dullness for a lack of impact: a pair of Supreme Court decisions just issued will arguably have the single...more

Bradley Arant Boult Cummings LLP

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

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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

Balch & Bingham LLP

In Case You Missed It: Will The U.S. Supreme Court’s Jarkesy Decision Be A Game Changer For Administrative Law?

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In “Case” You Missed It is a new column by Balch & Bingham attorney Tripp DeMoss that briefly summarizes a recently issued decision by higher courts like the U.S. Supreme Court and Alabama Supreme Court in cases of interest...more

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

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In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Kelley Drye & Warren LLP

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

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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

Venable LLP

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

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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

Fisher Phillips

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

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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

Kohrman Jackson & Krantz LLP

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

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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

Fisher Phillips

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

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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

Genova Burns LLC

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

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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

Proskauer - Labor Relations Update

Not So Fast:  D.C. Circuit Resists Invitation to Reject NLRB Deference

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On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S....more

Constangy, Brooks, Smith & Prophete, LLP

The death of Chevron

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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

Stevens & Lee

How the Chevron Decision Limits NLRB Influence

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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

Proskauer - California Employment Law

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

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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

Proskauer - Labor Relations Update

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

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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

Jackson Lewis P.C.

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

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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

DirectEmployers Association

OFCCP Week In Review - May 2024 #4

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

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This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Franczek P.C.

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

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As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

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