Description

The Supreme Court just upended the legal world by significantly reducing the power of federal regulators and placing more authority in the hands of judges – a move that will have a major impact on workplace regulations for years to come. In today’s ruling, the Supreme Court overturned the decades-old Chevron doctrine which required courts to defer to a federal agency’s position on the law when a statute is open to interpretation. As we predicted earlier this year, the Court tossed out that standard in favor of judicial interpretation, enabling courts to strike down agency rules much more easily and giving employers a powerful tool to fight back against regulatory overreach.

Much of your daily life as an employer has been shaped by federal agencies that have benefitted from the courts’ deference to agencies under the Chevron doctrine to mold their agendas.

This decision will make it easier to challenge regulations and thus may limit the ability of agencies to reshape labor and employment law to the degree with which they have over the last 40 years. The decision is likely to 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;
• OSHA’s new “walkaround” rule allowing union organizers to accompany OSHA inspectors on workplace inspections;
• The NLRB’s joint-employer rule; and
• The Federal Trade Commission’s rule barring non-compete agreements.

Areas Covered:-

• Learn the specifics of the Supreme Court decision and what it actually impacts
• Learn how the Cheron Doctrine works and how it has changed how Employers need to go forward
• Learn which federal regulatory is impacted and which regulations are impacted
• Learn how Texas has already challenged the DOL overtime threshold and as a result, it has been blocked before the July 1, 2024, deadline
• Learn what other states have challenged the DOL overtime salary threshold
• Learn how the deferment of the Chevron Doctrine does have the possibility the courts will decide on the experts for some of these decisions
• Learn how Employers should mitigate how these decisions impact deadlines of current federal regulations
• Learn how Employers must stay on top of developing cases and know how to reconcile conflicting court decisions around the country, in addition to using the other compliance tools at their disposal — including agency guidance.

Why Should You Attend?

Employers and their representatives must assess how this will impact laws and policies now that most federal laws can be challenged. Whether you are opposed to the decision or approve that it has been decided, it will change how your policies will be implemented. This confusion will impact your compliance efforts and how Employee Handbook, policies, and how penalties may be assessed.

Just because a court has more discretion to accept or reject an agency’s interpretation does not mean the interpretation will be rejected. However, with greater judicial discretion, a rule may be upheld in one court and invalidated in another. This could lead to a spate of inconsistent rulings throughout the country, creating jurisdictional conflicts and compliance headaches for large employers in multiple states.

Who Will Benefit?

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• HR Professionals
• Managers/Supervisors
• Employers in all industries
• Small Business Owners