In 2024, healthcare employers have faced several new challenges and developments regarding traditional labor obligations. Unions are becoming more prominent in healthcare, including by unionizing doctors at unprecedented rates and by becoming more involved in government-funded projects. At the same time, federal agencies are imposing significant new labor obligations on healthcare employers, regardless of whether or not they have unions representing their employees. While the Federal Trade Commission’s non-compete rule has garnered major attention (as we discussed further here and … Read the rest
Loper Bright Shifts Statutory Interpretation Powers Back to the Courts.
On June 28, 2024, the Supreme Court overturned the Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo. Under Chevron, courts have historically deferred to a federal agency’s interpretation of ambiguity in statutes that the agency administers. Courts premised Chevron deference on the notion that Congress implicitly delegated the interpretation to the agency.
In contrast, Loper Bright rejects Chevron’s assumption of implicit delegation: “When the best … Read the rest
For healthcare providers and practitioners, the rules surrounding non-competition agreements have evolved rapidly over the last two years, and that evolution accelerated even more this month. Over the past 18 months, states and the federal government enacted several new laws that substantially limit when healthcare entities can enforce non-competes. Then, on April 24, the Federal Trade Commission issued a rule that will bar most non-competes in the U.S. if it survives legal challenges (albeit no sooner than late August 2024). … Read the rest
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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.
Since our last installment, the Supreme Court has continued slowly chipping away at the still-sizable number of lingering relists from the end-of-summer “long conference.” The court denied review in five-time relist Johnson v. Prentice, involving an Illinois prisoner’s claim that his nearly three-year term of solitary confinement constituted cruel and unusual … Read the rest