Employment Regulation After Loper Bright and Corner Post: NLRB, EEOC, DOL Rulemaking; Rule Challenges; Client Impact
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Thursday, September 26, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide employment practitioners through the recent U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine, and Corner Post Inc. v. Board of Governors of the Federal Reserve System, which expands the time period during which plaintiffs may challenge agency rules. The panel will address the impact these decisions may have on federal agency rulemaking, particularly pertaining to employment law, as well as the possible effect on challenges to current rules. The panel will also discuss potential client impact.
Mr. Taylor represents employers, companies and individuals in high-stakes litigation, investigations and compliance matters across a wide variety of areas and in particular vis-à-vis government regulators. He serves clients in highly regulated industries, especially government contracts. Mr. Taylor formerly served as Deputy Solicitor of Labor, the second-in-command legal officer for the federal government's second-largest litigation department, housed in the U.S. DOL. In that position, he oversaw a wide portfolio of litigation, enforcement, rulemaking and legal counseling for the agency's more than 450 attorneys at 23 client agencies. Laws under his purview included the Fair Labor Standards Act, Davis-Bacon Act, Service Contract Act, Occupational Safety and Health Act, and Executive Order 11246. Mr. Taylor uses that experience to defend and counsel clients facing difficult employment issues, including DOL and other investigations, prevailing-wage matters, and compliance with unclear and emerging areas of law.
Ms. Sandberg has extensive experience in high-stakes commercial and trade secrets litigation managing complex litigation nationwide. She has a demonstrated track record in federal and state courts. Moreover, Ms. Sandberg has guided clients through difficult interactions with administrative agencies and claimants to resolve disputes before lawsuits are ever filed.
Mr. Kaufman represents employers – both large corporations and small start-ups – in a range of industries, including hospitality, fast food, healthcare, media, and real estate, among others. He has successfully defended employers as lead counsel in a wide variety of employment litigation, including complex class and collective wage and hour cases in state and federal court, single-plaintiff employment discrimination and retaliation claims, and labor arbitrations and matters before the NLRB. Moreover, Mr. Kaufman also regularly advises employers in all aspects of traditional labor matters, including representing employers as lead counsel during collective bargaining, advising on union representation elections and campaigns, advising on collective bargaining matters for multi-employer bargaining associations, and handling circuit court appeals of NLRB decisions. His practice also includes advising clients on compliance matters to avoid litigation, with a focus on wage and hour issues.
Two recent U.S. Supreme Court decisions, Loper Bright Enterprises v. Raimondo and Corner Post Inc. v. Board of Governors of the Federal Reserve System, will have a significant impact on federal agency rulemaking, rule implementation, and legal challenges to federal rules. Employment is highly regulated by several federal agencies, including the NLRB, EEOC, DOL, and OSHA. Given that several impactful rules are currently being challenged--such as the EEOC's Pregnant Workers Fairness Act, the DOL's minimum salary requirement for "white collar" exemptions, and the NLRB's "joint employment" standard--employment counsel should understand the implications these decisions may have on federal agency rulemaking and interpretation, legal challenges, and how their clients may be affected.
Loper Bright overruled the Chevron doctrine which, for 40 years, has served as the two-step framework for federal courts in deciding disputes between federal agencies and private parties challenging agency regulations. Under Chevron, courts would first ask whether Congress had "directly spoken to the precise question at issue" in the statute. If not, the courts were required to defer to the agency's interpretation as long as it was reasonable. Loper Bright has now put the task of interpreting statutory provisions back into the hands of federal courts.
Corner Post has increased agency exposure to suits by redefining when the statute of limitations period begins during which rules may be challenged. The Court held that the six-year statute of limitations for suits against the federal government begins to run only once the plaintiff has been injured, a significant change from the prior stance that the six-year period began once the rule was published. Therefore, entities formed within the last six years may bring challenges to regulations that have stood for decades.
Listen as our expert panel guides practitioners through the recent Loper Bright and Corner Post decisions and discusses the impact on employment regulation where new challenges to longstanding regulations may be brought, even if they had previously been upheld under Chevron. The panel will also discuss the potential impact on current legal challenges and how clients may be affected.
- Introduction: a brief history of federal regulatory interpretation under Chevron
- Loper Bright Enterprises v. Raimondo
- Corner Post Inc. v. Board of Governors of the Federal Reserve System
- Legislative and regulatory effect
- Regulatory litigation challenges
- Client impact
- Practitioner takeaways
The panel will review these and other important considerations:
- What impact will Loper Bright have on judicial review of employment regulations?
- Corner Post will have what effect on litigation challenging agency rules?
- How will the decisions affect employment regulatory rulemaking? How may this differ by agency?
- How may the decisions impact current challenges against agency rules?
- What is the potential impact of the decisions on clients?
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