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Florida Labor Standards Act

By: Derek Hawkins//June 28, 2016//

Florida Labor Standards Act

By: Derek Hawkins//June 28, 2016//

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US Supreme Court

Case Name: Encino Motorcars, LLC v. Navarro et al

Case No.: 15-415

Focus: Florida Labor Standards Act

Section 213(b)(10)(A) must be construed without placing controlling weight on the Department’s 2011 regulation.

“When an agency is authorized by Congress to issue regulations and promulgates a regulation interpreting a statute it enforces, the interpretation receives deference if the statute is ambiguous and the agency’s interpretation is reasonable. See Chevron, supra, at 842– 844. When Congress authorizes an agency to proceed through notice and-comment rulemaking, that procedure is a “very good indicator” that Congress intended the regulation to carry the force of law, so Chevron should apply. United States v. Mead Corp., 533 U. S. 218, 229–230. But Chevron deference is not warranted where the regulation is “procedurally defective”—that is, where the agency errs by failing to follow the correct procedures in issuing the regulation”

Vacated and Remanded

CONCURRING: GINSBURG, SOTOMAYOR

DISSENTING: THOMAS, ALITO

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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