1.5 SHRM-approved credit
By - Margie Faulk
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
This program offers 1.5 SHRM-approved credits.
The Supreme Court just upended the legal world by significantly reducing the power of federal regulators and placing more authority in the hands of judges – a move that will have a major impact on workplace regulations for years to come. In today’s ruling, the Supreme Court overturned the decades-old Chevron doctrine which required courts to defer to a federal agency’s position on the law when a statute is open to interpretation. As we predicted earlier this year, the Court tossed out that standard in favor of judicial interpretation, enabling courts to strike down agency rules much more easily and giving employers a powerful tool to fight back against regulatory overreach.
Much of your daily life as an employer has been shaped by federal agencies that have benefitted from courts’ deference to agencies under the Chevron doctrine to mold their agendas.
This decision will make it easier to challenge regulations and thus may limit the ability of agencies to reshape labor and employment law to the degree with which they have over the last 40 years. The decision is likely to affect pending legal challenges to an array of federal agency rules, including:
Employers and their representatives must assess how this will impact laws and policies now that most federal laws can be challenged. Whether you are opposed to the decision or approve that it has been decided, it will change how your policies will be implemented. This confusion will impact your compliance efforts and how Employee Handbook, policies and how penalties may be assessed.
Just because a court has more discretion to accept or reject an agency’s interpretation does not mean the interpretation will be rejected. However, with greater judicial discretion, a rule may be upheld in one court and invalidated in another. This could lead to a spate of inconsistent rulings throughout the country, creating jurisdictional conflicts and compliance headaches for large employers in multiple states.
Vulputate eros arcu magnis donec sem pretium scelerisque a etiam. Eros aliquam elit si mattis phasellus at orci letius ligula posuere. Sodales maecenas facilisis diam egestas dictumst si fames mus fermentum conubia curabitur. Ornare nisi consectetur semper justo faucibus eget erat velit rhoncus morbi.
Margie Faulk
Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few. Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).
WebCon60 is an industry-leading provider of quality training for business professionals.