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In the wake of Loper Bright, many employers have questioned whether long-standing federal regulations remain on solid footing. On April 1, 2026, in DOL v. Americare Healthcare Services,the U.S. Court of Appeals for the Sixth Circuit provided a clear answer – yes, where Congress has expressly delegated authority to an agency. In a decision with immediate implications […]
Since the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as being apart from the concerns facing other agencies. Recent actions by the courts, however, have begun to challenge the Board’s self-regard. […]
With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was ambiguous. The decision is already affecting numerous federal regulations. 5th Circuit Considering Whether to Remand Trump OT Case The U.S. 5th Circuit Court […]