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Tag:loper bright

Does Mental Illness Count as Illness? Not in the Fifth Circuit

Aug 12, 2026 Andrew Strom

In 1970, Congress passed the Occupational Safety and Health Act (OSH Act) in an effort to “assure so far as possible every working man and woman in the Nation safe and healthful working conditions.” That Act created the Occupational Safety and Health Administration (OSHA), which was charged with gathering information and setting health and safety […]

September 8, 2025
News & Commentary

Ted Parker

DC Circuit to rule on deference to NLRB, more vaccine exemption cases, Senate considers ban on forced arbitration for age discrimination claims.

June 25, 2025
News & Commentary

Henry Green

Some circuits show less deference to NLRB; 3d Cir. affirms return to broader concerted activity definition; changes to federal workforce excluded from One Big Beautiful Bill.

The Future of Judicial Deference to the NLRB

May 7, 2025 Jason Vazquez

It has been nearly ten months since the Supreme Court’s ruling in Loper Bright Enterprise v. Raimondo displaced Chevron’s longstanding injunction that courts must defer to an agency’s “reasonable” interpretation of a statute Congress empowered it to administer — a bedrock precept of administrative law — with the directive to instead exercise “independent judgment in deciding whether an agency has […]

Here’s How Loper Bright is Stripping Away Workers’ Rights

Oct 4, 2024 Andrew Strom

The Supreme Court’s opinion in Loper Bright Enterprises v. Raimondo was not exactly something most workers were likely to discuss in the break room. Every time I’ve tried to explain it to non-lawyers, I find myself struggling to explain the concept of “deference,” and what it means in the real world for courts to apply […]

July 23, 2024
News & Commentary

Sunah Chang

NLRB drops appeal of a district court case striking down its joint employer rule; red states challenge EEOC’s pregnancy rule; and the WNBA players’ union taps advisors.

Picking up the Slack on Worker Rights: A New State Strategy

Jul 18, 2024 Sharon Block and Rajesh Nayak

Sharon Block and Rajesh Nayak on the importance of state level efforts to protect workers in the wake of Loper Bright and Corner Post.

Labor Post-Loper

Jul 12, 2024 Darin Dalmat

Darin Dalmat on judicial deference to the NLRB post-Loper Bright.

How to Save the NLRA From Loper Bright

Jul 12, 2024 Tascha Shahriari-Parsa

Tascha Shahriari-Parsa: Chevron is dead. What does that mean for labor law?

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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Does Mental Illness Count as Illness? Not in the Fifth Circuit

September 8, 2025

June 25, 2025

The Future of Judicial Deference to the NLRB

Here’s How Loper Bright is Stripping Away Workers’ Rights

July 23, 2024

Picking up the Slack on Worker Rights: A New State Strategy

Labor Post-Loper

How to Save the NLRA From Loper Bright