Many employers struggle to comply with federal regulations issued by the DOL, NLRB, or the EEOC, especially when agency positions change. Last month, the Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Because of this decision, courts will now give statues their "best" interpretation, meaning agencies will have less leeway to write broad rules. Instead, they will have to write rules that are closer to statutory language. They may also have to defend some existing rules against closer scrutiny in court. And that closer scrutiny could upset some recently adopted or proposed rules, such as rules on overtime, safety inspections, and independent contracting. In 1984, the Supreme Court first decided the landmark Chevron decision, which requires courts to defer to the legal views of federal agencies—including the agencies that enforce labor and employment laws.
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