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Expert Analysis

How Employers Can Successfully Challenge Agency Guidance

Law360, New York (March 30, 2016, 10:56 AM EDT) -- As employers are well aware, their employment activities — such as employee relations, benefits, discrimination, whistleblowing and health and safety — are governed by a growing number of federal and state laws. Employers, however, rarely look to the statutes themselves to answer the specific questions they have about their legal obligations. More often than not, employers must review and assess the regulations, directives, orders, guidance or other pronouncements from regulatory agencies. These different types of pronouncements vary significantly in scope, specificity and legal weight....

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