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Tag:administrative law

The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor

Jul 6, 2022 Tascha Shahriari-Parsa

Last week, in West Virginia v. EPA, the Court concluded that the Environmental Protection Agency (EPA) exceeded its authority under the Clean Air Act when it sought to regulate carbon dioxide emissions through a cap-and-trade system. West Virginia already has the damaging effect of severely limiting the EPA’s ability to “respond to the most pressing […]

January 14, 2022
News & Commentary

Tascha Shahriari-Parsa

Yesterday, the Supreme Court blocked OSHA’s nationwide vaccine or mask-and-test mandate for private businesses with over 100 employees, while allowing a separate, narrower yet stricter mandate affecting the health care industry to remain standing. Under OSHA’s rule, qualifying employers needed to require that their employees be either vaccinated against COVID-19 or wear a mask at […]

January 21, 2021
News & Commentary

Maxwell Ulin

Yesterday marked a momentous occasion in the nation’s history, as former Vice President Joe Biden and Senator Kamala Harris were inaugurated president and vice president, respectively. Shortly after their swearing in, President Biden wasted little time carrying out his agenda, issuing 17 executive orders after the inaugural ceremony that included rejoining the Paris Climate Agreement, repealing the Muslim ban, […]

December 6, 2020
News & Commentary

Deanna Krokos

On Thanksgiving, the Department of Labor submitted their “long-anticipated” tipped wage rule to the White House Office of Information and Regulatory Affairs, threatening millions of tipped service workers with substantial wage loss. Currently, employers can claim a “tip credit,” paying workers little as $2.13/hour so long as 80% of their workweek is spent on tasks […]

The Trump NLRB’s Administrative Law Problems

May 29, 2018 Maddy Joseph

One week last December, President Trump’s NLRB reversed five significant Board precedents. It was the end of Board Chairman Phil Miscimarra’s term, and the Trump Administration had taken over less than a year before. The reversals themselves weren’t surprising — departing Board Chairs and new Administrations often change course. What was striking were the Board’s […]

Beware of Judge Gorsuch’s Profoundly Anti-Democratic, Anti-Regulatory Vision

Apr 7, 2017 Andrew Strom

Not surprisingly, at Neil Gorsuch’s confirmation hearing, the Democratic Senators didn’t succeed in getting Judge Gorsuch to reveal much about his views. Instead, Gorsuch insisted that “if I were to start telling you which are my favorite precedents or which are my least favorite precedents or view it in that fashion, I would be tipping […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor

January 14, 2022

January 21, 2021

December 6, 2020

The Trump NLRB’s Administrative Law Problems

Beware of Judge Gorsuch’s Profoundly Anti-Democratic, Anti-Regulatory Vision