Texas associations challenge OSHA constitutionality

On December 3, two Texas associations representing fruit and vegetable supply chain companies filed a lawsuit challenging the constitutionality of the Occupational Safety and Health Administration (OSHA). The lawsuit argues OSHA’s creation violated the nondelegation doctrine by granting the executive branch too much policymaking power on workplace safety standards. The associations argue they are harmed by the increased regulatory burden, quoting Supreme Court Justice Clarence Thomas’ dissent in 2024 decision in Allstates Refractory Contractors LLC v. Su.

In the case in which the Court refused to review a split decision from the U.S. 6th Circuit Court of Appeals that OSHA is constitutional, Thomas stated OSHA “may be the broadest delegation of power to an administrative agency found in the United States Code.” The associations claim that if “this delegation does not violate the nondelegation doctrine, then nothing does and the nondelegation doctrine is a dead letter.”

Impact of prior DOL challenges on new DOL leaders

New Solicitor of Labor Jonathan Berry and Principal Deputy Assistant Secretary of Policy Sheng Li challenged wage and hour regulations during Democratic administrations. Berry represented homecare companies challenging the Obama-era domestic service workers rule, while Li challenged the Biden independent contractor rule. Berry also authored Chapter 18 of Project 2025, which proposed major changes to the Department of Labor (DOL) and related agencies—many of which the Trump administration has adopted.