Numerous administrative agencies of the U.S. Department of Labor could be affected by the ruling of US Supreme Court in Loper Bright Enters. v. Raimondo, 219 L. Ed. 2d 832 (2024) which recently overturned its own forty-year legal precedent known as the “Chevron doctrine”.
Effective Implementation of Labor Laws Enacted by Congress Requires Experts with Vast Technical Expertise in the Specific Fields.
Effective implementation of labor laws enacted by Congress requires experts with vast technical expertise in the specific fields, which neither the Courts nor Congress have, but which administrative agencies, such as those in the U.S. Department of Labor, do have. Congress relies on the administrative agencies, which were granted their power by Congress, to carry out the mission of labor laws enacted by Congress, though interpretive rulemaking.
Under the Chevron doctrine, a court gave deference to the related administrative agency to interpret ambiguous wording in legal regulations. The Supreme Court on June 28, 2024, overturned its own precedent, the Chevron Doctrine, and ruled in its split 6 to 3 decision in Loper Bright Enters. v. Raimondo, that it no longer gives deference to the agencies, when there is ambiguous wording. Instead, the Court gave power to the Federal courts as to interpret wording in rulemaking to carry out the mission of laws passed by Congress and related agency regulations. This would include no longer giving deference to agencies that are part of the U.S. Department of Labor, in clarifying its own regulations when there exists an ambiguity.
U.S. Department of Labor Agencies That Could Be Affected by Overturning the Chevron Doctrine
The mission of U.S. Department of Labor is to help employees, promote and develop the welfare of the wage earners, improve working conditions, and promote work-related compensation, benefits and rights. Some of the agencies of the U.S. Department of Labor that could be affected by overturning the Chevron doctrine are:
Occupational Safety and Health Administration (OSHA)
Congress created the Occupational Safety and Health Administration by passing the Occupational Safety and Health Act of 1970. Its purpose is to provide legal standards for safe and healthy working conditions by setting and enforcing standards and by providing training, outreach, education and assistance.
Employee Benefits Security Administration (EBSA)
The mission of the Employee Benefits Security Administration is to promote the security of the retirement, health and other workplace related benefits of America's workers and their families. EBSA has as its mission: developing effective regulations, assisting and educating workers, plan sponsors, fiduciaries and service providers, and vigorously enforcing the law.
Office of Disability Employment Policy (ODEP)
ODEP's mission is to develop and influence policies and practices that increase the number and quality of employment opportunities for people with disabilities.
Office of Workers' Compensation Programs (OWCP)
The Mission of the Office of Workers' Compensation Programs is to protect the interests of workers who are injured or become ill on the job, their families and their employers by making appropriate, timely, and accurate decisions on Workers’ Compensation Insurance claims, providing prompt payment of benefits and helping injured workers return to gainful work when feasible. To read about retaliation for filing a Worker’s Compensation claim, you may read the blog NJ Retaliation Attorney, Workers’ Compensation Retaliation.
Veterans' Employment and Training Service (VETS)
VETS prepares America's veterans, service members and their spouses, for meaningful careers, protects their employment rights and promotes their employment opportunities.
Wage and Hour Division (WHD)
The Wage and Hour Division has as its’ mission to promote and achieve compliance with labor standards to protect and enhance the welfare of workers. The WHD enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. You may read more on NJ’s law on unequal wage claims in Unequal Pay and Wage Claims - Diane B. Allen Equal Pay Act.
WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. You may read about Retaliation for Time Off under the Family and Medical Leave Act in New Jersey Employment Unlawful Retaliation Attorney.
Women's Bureau (WB)
The Women's Bureau develops policies and standards and conducts inquiries to safeguard the interests of working women.
Office of Federal Contract Compliance Programs (OFCCP)
The OFCCP protects workers, promote diversity and enforces the law. OFCCP holds those who do business with the federal government-contractors and subcontractors-responsible for complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discharging or otherwise discriminating against applicants or employees who inquire about, discuss or disclose their compensation or that of others, subject to certain limitations.
Bureau of International Labor Affairs (ILAB)
ILAB's mission is to promote a fair global playing field for workers in the United States and around the world by enforcing trade commitments, strengthening labor standards, and combating international child labor, forced labor, and human trafficking.
Employment and Training Administration (ETA)
The ETA administers federal government job training and worker dislocation programs, federal grants to states for public employment service programs, and unemployment insurance benefits. These services are primarily provided through state and local workforce development systems.
Mine Safety and Health Administration (MSHA)
The agency develops and enforces safety and health rules for all U.S. mines regardless of size, number of employees, commodity mined, or method of extraction. The MSHA works to prevent death, illness, and injury from mining and promote safe and healthful workplaces for U.S. miners. MSHA carries out the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act) as amended by the Mine Improvement and New Emergency Response (MINER) Act of 2006.
Office of Labor-Management and Standards (OLMS)
The Office of Labor-Management Standards in the U.S. Department of Labor is the Federal agency responsible for administering and enforcing most provisions of the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA).
Don’t Sit on Your Rights
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If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
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