Listen to this post

Over the years, I’ve referred to a Magic 8 ball, tea leaves, a crystal ball and more to make predictions in what will happen in the upcoming year. In 2023, I noted that various bills would come up for consideration in the state legislature but that it was unclear whether any could muster enough support to pass. (A solid prediction as it turns out.)

So where are we in 2024?

Well, first off, with gridlock (and disfunction) reigning supreme in Congress, we’re likely to go through another year without any major laws being passed. On a national level, however, we’re likely to see big fireworks coming from the U.S. Supreme Court.

The American Bar Association published a recent article about it:

In Loper Bright Enterprises v. Raimondo, No. 22-451, and RelentlessInc. v. Department of Commerce, No. 22-1219, the Supreme Court will consider whether to overrule Chevron, U.S.A., Inc. v. NRDC (National Resources Defense Council), 467 U.S. 837 (1984). Chevron holds that when Congress has assigned responsibility for administering a statute to a federal agency, courts must defer to the agency’s interpretation if not inconsistent with the statute’s clear terms (Step 1) and reasonable (Step 2).

If the court does overturn Chevron, it could upend hundreds of decisions regarding regulations and guidance issued by federal agencies, including the Department of Labor.

At the federal agency level, a ban on non-compete agreements is still being considered by the FTC but as I noted a year ago, that ban is most certainly likely to be the subject of an injunction forestalling implementation of it.

On a state level, there seems to be a renewed push to ban “non-disclosure” agreements in the workplace, with some legislators holding a press conference a few weeks back.

In addition, bans on non-compete agreements seem to still be on the table to be considered but whether there is an appetite for a battle remains to be seen.

Last legislative session, many workplace bills went down to defeat with moderate Republicans joining some Democrats in trying to seek compromises. The CBIA did a recap post back in July 2023. Whether that bipartisanship can continue in 2024 remains to be seen in this election year.

All that seems certain now is that uncertainty continues to reign supreme. Employers will have to continue to be mindful of new rules and regulations and flexible in implementing such rules as the hodgepodge of state laws continues to multiply.