The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board...
Federal Employment Law Insider
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...
The annual National Industry Liaison Group (ILG) Conference was held in Orlando this year from July 29 through August 1. While there wasn’t much new because it’s an election year, here are a few highlights: Acting Office...
The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In...
The Equal Employment Opportunity Commission (EEOC) is considering a furlough for all the agency’s staff for a day in late August to stay under its operational budget. On July 30, 2024, EEOC Chair Charlotte Burrows...
In February 2023, Derek Mobley filed a proposed class action lawsuit against HR software developer Workday, Inc., in the U.S. District Court for the Northern District of California, alleging discriminated in hiring based...
We have lived through a few weeks none of us has ever experienced: an assassination attempt on a former president who is a current candidate; a presidential withdrawal from the campaign; a Black-South Asian woman as...
In a trio of decisions at the end of its term—Loper Bright v. Raimondo, SEC v. Jarkesy, and Corner Post v. Board of Governors of Federal Reserve—the U.S. Supreme Court skewed the balance between the three branches of...
A federal district court issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from enforcing three provisions of the recently issued Davis-Bacon Act (DBA) regulations governing the prevailing...
As discussed in the lead article of this issue of FELI, the triumvirate of decisions on agency power—Loper Bright, Jarkesy, and Corner Post—represent a completely new world for employers and federal agencies (see...
The most recent Supreme Court term ended with several decisions that have potentially monumental implications for the future of the Administrative State (see “Supreme Court ends ‘Administrative State’”)—particularly for...
In a momentous decision overturning decades of precedents, the U.S. Supreme Court ruled in SFFA v. Harvard/UNC last year that the use of race in college admissions violated Title VI of the Civil Rights Act of 1964...
After the U.S. Supreme Court’s Loper Bright decision overturning Chevron deference, Senator Bill Cassidy (R-La.) sent a series of letters to various federal agencies seeking their response to the decision. The letter to...
Some thousands of years ago, the Israelites were a stateless people, with no hereditary monarch and no organized leadership, so they were led by a group of people guided by their understanding of their traditions and...
Since the Obama administration, federal workplace regulations have been under attack, with many being blocked by injunctions issued by federal judges in Texas or Louisiana and upheld by the U.S. 5th Circuit Court of...