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We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
Updates
A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine
On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which for over 40 years set a doctrine that required judicial deference to an agency's interpretation of a law it administers. The Court in Loper reasoned that Chevron deference is irreconcilable with the federal Administrative Procedure Act (APA), which commands that the reviewing court, not an agency, must decide all relevant questions of law by identifying and applying the "best reading."
Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions
On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal and determine the burden of proof that employers must meet to demonstrate that an employee is exempt under the Fair Labor Standards Act (FLSA). This article provides a brief summary of the case background and current legal landscape, as well as some potential issues to be considered and the ramifications of the Supreme Court's upcoming decision.
Education Roundup: Policies Protecting Student Health Information—FERPA and HIPAA Compliance
It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention during the quieter summer months to reviewing and assessing other policies and practices to ensure compliance with the more familiar laws that are not frequently revised, but are equally applicable to IHEs, their student body, and other campus community members. When it comes to protecting student or employee health-related information, IHEs need to ensure their policies and practices comply with two major federal laws: the Family Educational Right to Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as applicable. IHE administrators must have a clear understanding of how and when those statutory obligations control and interact.
Tip of the Month
Heather Fox Vickles: Checking in with employment counsel once a year is better than nothing, but more frequent check-ins are advisable. Changes in state law do not always come at the end of the year—many state legislatures slate their laws to take effect throughout the year, often in the summer months. Handbooks and templates that are reviewed and revised at year's end may, therefore, be out of step with the current state of the law. When in doubt, just ask employment counsel.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.