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Employer Liability Issues › Statutory Interpretation › National Labor Relations Board

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Sheppard Mullin Richter & Hampton LLP

Full D.C. Circuit Court Reinstates Wilcox to the NLRB

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On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

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A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...more

Foley & Lardner LLP

No More Chevron Deference: What Does This Mean for Employers?

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From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more

Sheppard Mullin Richter & Hampton LLP

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

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A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

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This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Bass, Berry & Sims PLC

Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions

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On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to...more

Seyfarth Shaw LLP

The Chevron Doctrine is Dead. Long Live the Administrative State.

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Seyfarth Synopsis: Last week, the administrative state’s foundation shook as the Supreme Court overruled Chevron, holding that federal administrative agencies are not entitled to deference in interpreting statutes and that...more

Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

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Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Spilman Thomas & Battle, PLLC

Supreme Court to Review Deference Standard to Federal Administrative Agency Actions in 2024

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Next month, the United States Supreme Court will be hearing a pair of cases (Relentless, Inc. v. Department of Commerce and Looper Bright Enterprises v. Riamondo) that could fundamentally change whether a federal court must...more

Parker Poe Adams & Bernstein LLP

Federal Judge Rejects Challenge to NLRB Ambush Election Rules

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Employers concerned over the impact of new National Labor Relations Board union election rules lost some hope last week that federal courts would step in to stop the regulations from going into effect. The NLRB rules...more

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