Loper and Labor Law: Implications of a Possible Decrease in Deference on New Rulemaking

On January 18, the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce. These cases will determine whether Chevron v. NRDC, a 1984 case in which the Court held that courts should defer to agency interpretations of ambiguous statutes, should be overturned. This program will discuss the potential effect of the decision on new rulemaking, specifically in labor law. The discussion will cover how deference has been applied in the past and how Loper and Relentless may impact recent rulemaking. The program will focus on a series of recent rulemaking, including the Section 541 Exemption Revision of the Fair Labor Standards Act, the NLRB’s modified Independent Contractor Standard, the NLRB Joint Employer rule, and the FTC proposal to ban Non Compete Clauses. Please join us as an expert panel addresses recent rulemaking and more in pursuit of understanding the potential fallout after Loper and Relentless. To learn more about Loper's potential impact on Labor Law, check out Alex MacDonald's article on the subject here. Featuring: Alexander Thomas MacDonald, Shareholder Littler Hon. Tammy Dee McCutchen, Former Administrator, Wage and Hour Division, U.S. Department of Labor