Charlotte Garden

Charlotte Garden

Professor of Law
Julius E. Davis Professor of Law

Prof. Charlotte Garden Quoted in Verified News Explorer Network About Implications of Chevron Elimination

Professor Charlotte Garden was quoted in Verified News Explorer Network about the implications on the elimination of the Chevron deference will have on labor and workers’ rights. Some have said it could make it harder for the government to enact workplace safety regulations and enforce minimum wage and overtime rules. Prof. Garden said the decision to overturn Chevron will likely be “disruptive for workers’ rights.” “The DOL’s long-standing approach to whether an employee is ‘exempt’ from overtime under the ‘white-collar’ exemption involves looking at both the amount of the employee’s salary, and their duties — so employees are entitled to overtime pay unless they earn more than the salary threshold and perform qualifying duties,” Garden said. Business groups have argued that the DOL “isn’t allowed to set a salary threshold at all” — an argument she said is more likely to win now that Chevron is overturned.