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Employment Regulation After Loper Bright and Corner Post: NLRB, EEOC, DOL Rulemaking; Rule Challenges; Client Impact

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Thursday, September 26, 2024

Recorded event now available

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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.

Description

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.

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Outline

  1. Introduction: a brief history of federal regulatory interpretation under Chevron
  2. Loper Bright Enterprises v. Raimondo
  3. Corner Post Inc. v. Board of Governors of the Federal Reserve System
  4. Legislative and regulatory effect
  5. Regulatory litigation challenges
  6. Client impact
  7. Practitioner takeaways

Benefits

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?

Faculty

Kaufman, Seth
Seth D. Kaufman

Partner
Fisher & Phillips

Mr. Kaufman represents employers – both large corporations and small start-ups – in a range of industries,...  |  Read More

Sandberg, Katherine
Katherine P. Sandberg

Attorney
Hunton Andrews Kurth

Ms. Sandberg has extensive experience in high-stakes commercial and trade secrets litigation managing complex...  |  Read More

Taylor, Timothy
Timothy Taylor

Partner
Holland & Knight

Mr. Taylor represents employers, companies and individuals in high-stakes litigation, investigations and compliance...  |  Read More

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