Zuckerberg Quoted in Law360 on Key Employment Law Rulings of 2024
Joshua Zuckerberg, co-chair of Pryor Cashman LLP's Labor and Employment Group, was quoted in a Law360 article discussing the major employment law rulings of 2024. The article analyzed significant decisions involving agency power, tipped wages, and the Federal Arbitration Act, and how these rulings are reshaping labor law.
In "The 4 Biggest W&H Rulings of 2024," Josh comments on the tension between courts upholding agency action and those striking down regulations, noting the challenge in reconciling rulings like the Fifth Circuit's support of DOL’s authority in the Mayfield case and the Texas district court’s subsequent decision to vacate the DOL’s new overtime rule. He states:
"You've got the Fifth Circuit upholding agency action, and then you've got the district court in Texas striking it down. I think it's hard to know even what the distinction was there."
Josh commented on the broader trend of judicial scrutiny in the absence of Chevron deference, saying,
"In a way, Chevron deference gave courts an out. If the agency feels in its expertise that that's a rule that makes sense to them, we're good. Now the courts are really emboldened to say, ‘I'm going to look at the statute, I'm going to interpret it, and if I don't like the regulation, I'm going to get rid of it.’”
He also weighs in on the expansion of the FAA's Section 1 exemption in Bissonnette v. LePage Bakeries, noting how the ruling offers workers more opportunities to avoid forced arbitration. He adds,
“This case is important because many employees try to avoid having their claims resolved in arbitration, since it is widely understood that statutory claims — discrimination, harassment, wage and hour — are more valuable when brought in state or federal court and before a jury.”
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