FALL 2024 TOPIC

The Day the Construction World Stood Still – How the Supreme Court’s Loper Bright Decision will affect Construction Industry Regulation from the US Department of Labor, Wage and Hour Division; OSHA; and the NLRB

For decades federal agencies enjoyed wide latitude in creating and enforcing regulations. The Supreme Court’s recent Loper Bright decision however, put back in the courts’ hands the final say on interpreting laws about the scope of agency authority. This Wake-Up call will discuss the Loper Bright decision’s contours and its impact on how OSHA, DoL’s Wage and Hour Division and the NLRB govern the construction industry, with focus on these topics:

• Pre-Loper Bright deference to agency interpretations of their statutory authority;
• The basis for the Loper Bright decision and the scope of its ruling;
• Loper Bright’s impact on challenges to OSHA citations and future regulations; federal prevailing wage and hour compliance, enforcement, and litigation; and permissible labor organizing activities;
• Whether Loper Bright will alter how Pennsylvania regulatory agencies restrict businesses.