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National Labor Relations Board › Administrative Procedure Act › Department of Labor (DOL)

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    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

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

The death of Chevron

Constangy, Brooks, Smith & Prophete, LLP on

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2023 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Fourth Time’s a Charm. After three-plus weeks and three failed nominees, on October 25, 2023, the U.S. House of Representatives elected Mike Johnson (R-LA) to be the Speaker of the House by a vote of 220–209. Johnson, the...more

DirectEmployers Association

OFCCP Week In Review: July 2022 #4

DirectEmployers Association on

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 Chambers and Cynthia L. Hackerott. In today’s edition,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2021 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

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This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Parker Poe Adams & Bernstein LLP

State Attorneys General Challenge Joint Employer Rule

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Last week’s EmployNews discussed the National Labor Relations Board’s issuance of final regulations on joint employer status. These regulations followed a similar rulemaking by the Department of Labor that we covered in...more

Seyfarth Shaw LLP

Two Additional Lawsuits Filed Challenging the DOL’s Final Persuader Rule

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In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final...more

McGuireWoods LLP

Labor Law 2015: A Year In Review

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National Labor Relations Board spends Most of 2015 With a Full Complement of Members; Down to Four at Year’s End. For about two-thirds of the year, the National Labor Relations Board operated with a full complement of...more

Littler

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

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The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

Franczek P.C.

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

Franczek P.C. on

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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