5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

By Jessi Thaller-Moran and Erin Barker ( October 7, 2024, 5:21 PM EDT) -- Employment lawyers everywhere took note of the U.S. Supreme Court's decision this June in Loper Bright Enterprises v. Raimondo.[1] With Loper Bright's change to the traditional Chevron deference afforded to administrative agency rules, the administrative landscape of employment law seemed certain to be called into question. The U.S. Court of Appeals for the Fifth Circuit's recent opinion in Mayfield v. U.S. Department of Labor,[2] however, demonstrates that administrative agency enforcement is perhaps undead, not gone altogether....

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