Filling in the Gaps: The Scope of Administrative Agencies' Power to Enact Regulations
50 Pages Posted: 9 Oct 2012
Date Written: 2005
Agency regulation litigation presents a myriad of interesting and challenging cases for courts. The amount and type of deference to be afforded to the agency, the scope of the agency's power to regulate, and the boundaries within which an agency may "flesh out" a statute all present unique and situation-specific analyses for courts to navigate.
This article delves into the current state of agency law, including the interplay between Chevron deference and its limitations under Mead, across all jurisdictions. Once a summary of current law has been established, this article then applies these standards to an upcoming regulatory challenge against a set of proposed California Labor Code regulations that seek to define meal period requirements for all California employees. This article then concludes that the California agency has the power to enact the proposed regulations.
Keywords: Administrative Law, Meal Periods, Labor Law
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