Punching In: Chevron Casts Shadow on NLRB Top Lawyer Firing Case

Monday morning musings for workplace watchers.

Chevron Precedent|Hair Discrimination

Robert Iafolla: A case involving President Joe Biden’s termination of the National Labor Relations Board’s Trump-era general counsel spotlights a critical issue about precedents that depended on the now-defunct Chevron doctrine.

The US Supreme Court vacated the ruling in that case and sent it back to the US Court of Appeals for the Fifth Circuit to reconsider in light of Loper Bright Enterprises v. Raimondo, which drove a stake through a 40-year-old decision calling on courts to defer to an agency’s reasonable interpretations of ambiguous statutes.

The Fifth Circuit had ...