The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.
Experts to Present Sustainability Topics and Stakeholder Discussions in September
The 2024 ASC Sustainability Summit will deliver critical awareness, engagement and alignment with stakeholders within the adhesive & sealant industry. The summit programming will have sessions highlighting three markets: building and construction, packaging, and transportation, each of which has unique needs and value chain.
Speakers and topics were just announced and include a very diverse range of sustainability topics and experts. This is a critical sustainability event for your team to attend to stay on top of this important movement within many industries. Learn more.
Loper Bright’s Impact on Employment Laws: Navigating the Post-Chevron Landscape
Glianny Fagundo, Nancy Barnes, Brittany A. Mallow
The U.S. Supreme Court’s landmark case Loper Bright Enter., et al. v. Raimondo, et al., Case No. 22-451 (June 28, 2024) signals a seismic shift in employment law, dismantling federal agencies’ authority under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) to interpret ambiguous statutes, potentially unraveling existing regulations and sparking a wave of litigation that could reshape the regulatory landscape for years to come.
Forty years ago, when issuing its landmark opinion in Chevron, the Supreme Court established the principle known as “Chevron deference,” a doctrine that compels federal courts to defer to a federal agency’s interpretation of ambiguous statutory language within its own regulatory scope. Under this doctrine, if a law is unclear, courts must uphold an agency’s interpretation as long as it is “reasonable,” which is a very low burden for agencies to meet. Continue reading.
The Fall of Chevron Could Mean Successful Challenges to Rulemaking and an Increase in Subregulatory Guidance
Katherine B. Kohn, Dominic DeMatties, Nate Ingraham
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the Supreme Court issued a much-anticipated opinion overruling the doctrine of judicial deference under Chevron v. EPA. Without Chevron, which required courts to defer to reasonable agency interpretations of the law when Congress did not clearly address an issue, agencies are left with deference under Skidmore v. Swift & Co. Under Skidmore, the rulings, interpretations, and opinions of an agency are not controlling, but they “do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance” with the persuasive weight depending on the agency’s thoroughness in consideration, consistency in position, and validity of its reasoning. Read more.
U.S. Equal Employment Opportunity Commission Updates Workplace Harassment Enforcement Guidelines
Nancy Barnes, M. Scott Young, Michael J. Myers
The U.S. Equal Employment Opportunity Commission (EEOC) has released an update to its enforcement guidance on workplace harassment. The update comes almost 25 years after the EEOC last published guidance on this topic and replaces the prior versions. Workplace harassment claims have become a serious matter for employers, particularly in the last several years. According to EEOC statistics, between 2016 and 2023, more than a third of all discrimination charges filed with the EEOC included an allegation of harassment based on race, sex, disability, or another federally protected characteristic. In addition, approximately 35% of the 143 lawsuits the EEOC filed in 2023 included an allegation of harassment.
In this article, the authors review an update released recently by the U.S. Equal Employment Opportunity Commission to its enforcement guidance on workplace harassment. Read more.
Texas Issues Injunction Against DOL’s New Overtime Rule
Glianny Fagundo, Nancy Barnes
On June 28, the U.S. District Court for the Eastern District of Texas granted Texas’s motion for preliminary injunctive relief in consolidated cases State of Texas v. Dep’t of Labor, et al., USDC EDTX, 4:24-CV-499, and Plano Chamber, et al. v. Su, et al., USDC EDTX, 4:24-c-v-468. The court issued a Texas-only injunction that is applicable only to employees of the state of Texas, staying implementation of the new Department of Labor (DOL) rule we described in a prior alert, which changes the salary thresholds for employees to qualify for the executive, administrative, and professional exemption from overtime requirements. Importantly, this injunction does not apply to private employers in Texas. Continue reading.
Securities Quarterly Update – Summer 2024
Jurgita Ashley, Steven G. Stransky, Benjamin M. Russell, Michael Blane
Thompson Hine’s Securities Quarterly Update is a publication that provides updates and guidance on securities regulatory and compliance issues. In this edition, we look at the SEC’s recent focus on cybersecurity, which highlights the importance of robust cyber risk management and disclosure practices for public companies. Learn more.
Check out the latest Employment Legislation Outlook. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.
Looking for Adhesive & Sealant Training?
ASC’s Training Academy Certificate Program offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.
For more information, contact the editor, Devin A. Barry, or any of the authors.
Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.