News & Analysis as of

Supreme Court of the United States › Biden Administration › Department of Labor (DOL)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Carlton Fields

DOL ESG Rule Withstands Demolition of Chevron Deference

Carlton Fields on

In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court knocked down Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., leaving the doctrine of Chevron deference in rubble. The doctrine stated that, when a...more

ArentFox Schiff

ESG Update: Texas Federal Court Cites Loper Bright in Upholding Biden-Era ESG 401(k) Investing Rule

ArentFox Schiff on

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

Ogletree, Deakins, Nash, Smoak & Stewart,... on

U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

Perkins Coie

Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

Perkins Coie on

The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

Schwabe, Williamson & Wyatt PC on

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

CDF Labor Law LLP

Trump Fires NLRB General Counsel and One Board Member

CDF Labor Law LLP on

When former President Joe Biden took office in January 2021, he terminated the General Counsel of the NLRB, Peter Robb, on Inauguration Day. That termination was challenged by the business community. Multiple lawsuits,...more

Epstein Becker & Green

Navigating Executive Orders: Insights and What Lies Ahead

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On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders....more

Parker Poe Adams & Bernstein LLP

Supreme Court Lets Federal Contractor Minimum Wage Hike Stand

Parker Poe Adams & Bernstein LLP on

Last week, the U.S. Supreme Court declined to hear an appeal of a Tenth Circuit Court of Appeals decision upholding former President Joe Biden’s executive order increasing the minimum wage applicable to employees of certain...more

Epstein Becker & Green

A Primer on Executive Orders and a Preview of the Road Ahead

Epstein Becker & Green on

On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders....more

Jackson Lewis P.C.

Supreme Court Won’t Consider Federal Contractor Minimum Wage Mandate

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The Supreme Court on Monday, Jan. 13, 2025, declined to take up a decision addressing the president’s authority under the Procurement Act to issue a minimum wage mandate for employees working on federal government contracts....more

Ward and Smith, P.A.

Upping the Ante: New Rules and Regulations in Play for In-House Counsel

Ward and Smith, P.A. on

Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency Act, the implications of the Chevron...more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2023 #2

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SBA Releases Preview of New HUBZone Maps Effective July 1, 2023 - HUBZone contractors have been anxiously awaiting updates to the HUBZone maps. In 2021, the Small Business Administration (SBA) extended the “freeze” on the...more

FordHarrison

OSHA Withdraws COVID-19 Shot-Or-Test Emergency Rule

FordHarrison on

The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision...more

Robinson+Cole Environmental Law +

OSHA Withdraws Vaccination and Testing ETS

Robinson+Cole Environmental Law + on

Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have...more

Proskauer - Law and the Workplace

OSHA Withdraws Emergency Temporary Standard Mandating Vaccination or Testing/Masking Policies for Employers with 100 or More...

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On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to...more

Dentons

COVID-19 Policies and US Employers: Charting a Path Forward

Dentons on

The legal landscape around COVID-19 policies and vaccine mandates in the workplace continues to shift under the feet of US employers. With the January 13 US Supreme Court ruling on the OSHA and CMS vaccine rules, and...more

Morrison & Foerster LLP

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts...

Morrison & Foerster LLP on

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in...more

Nelson Mullins Riley & Scarborough LLP

U.S. Supreme Court Halts OSHA’s “Vaccine or Test” Mandate but Upholds CMS Vaccination Requirement for Healthcare Workers

Nelson Mullins Riley & Scarborough LLP on

On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision.  Without the ETS, employers are not required to mandate vaccinations, but...more

Saul Ewing LLP

What's Next for Employers After the SCOTUS' Decisions on the OSHA ETS Mandate and the CMS Rule?

Saul Ewing LLP on

What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more

Venable LLP

Supreme Court Brings Clarity to Federal Vax Mandates?

Venable LLP on

Caption: On January 13, 2022, after hearing emergency oral arguments, the Supreme Court handed down decisions staying OSHA’s ETS and upholding the CMS Rule requiring healthcare workers to be fully vaccinated against...more

Keating Muething & Klekamp PLL

Supreme Court Re-Implements Stay of Vaccine Mandate for Employers, Upholds CMS Mandate

Keating Muething & Klekamp PLL on

Ever since the Sixth Circuit dissolved the injunction to OSHA’s Emergency Temporary Standard (ETS), which mandates employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear...more

Akerman LLP - HR Defense

U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

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On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced.  The Court allowed the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2022 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

SCOTUS Halts OSHA’s Vax-or-Test ETS (but Greenlights CMS Rule). On January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination-or-testing...more

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