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. Although nothing changes today, the Loper Bright decision will make it easier to challenge regulations, and it will likely affect pending legal challenges to an array of federal agency rules, including:

• EEOC regulations implementing the PWFA 
• DOL rules increasing the minimum salary threshold for application of the FLSA’s “white collar” exemptions; defining “independent contractor” vs. statutory employee under the FLSA; limiting the amount of time tipped employees can spend doing work that is not “tip producing”; adopting sweeping revisions to Davis-Bacon and Related Act prevailing wage regulations (recently enjoined pending a final court decision); and implementing an executive order boosting the minimum wage for federal contractors;
• OSHA’s new “walkaround” rule 
• The NLRB’s joint-employer rule; and
• The Federal Trade Commission’s rule barring non-compete agreements.

Join Jackson Lewis P.C. attorney Katrin Schatz for an update on what has been happening since the decision came out, what it means and how it impacts the practice of employment law.

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