This week, we’re concentrating on the flurry of challenges that federal agencies—such as the U.S. Department of Labor (DOL), the National Labor Relations Board, and the Occupational Safety and Health Administration (OSHA)—have recently faced in the courts. We’ll also discuss potential changes to the U.S. Supreme Court’s (SCOTUS’s) controversial Chevron deference doctrine.

Federal Agencies Push Boundaries

Federal agencies began 2024 with several major actions to expand their authority, including the DOL's expansive final rule for differentiating employees from independent contractors under the Fair Labor Standards Act and the White House’s review of OSHA's final rule on worker inspections.

Federal Oversight Faces Backlash

As federal agencies attempt to expand their authority, employers, trade groups, and politicians have pushed back on those expansions, including challenges to the DOL's worker classification rule.

SCOTUS Chevron Deference Could Mean Drastic Changes

While challenges in the lower courts could slow the spread of federal agency authority, a SCOTUS ruling that narrows or eliminates Chevron deference could mean drastic changes in this area.