In defending President Trump’s April 2025 memorandum directing agencies to rescind regulations they deem to be “facially unlawful,” a recent post in this forum misinterprets the scope of the “good cause” exception to the notice-and-comment requirements of the Administrative Procedure Act (APA).
On May 1, 2025, the Acting Administrator of the Department of Labor’s Wage and Hour Division published a Field Assistance Bulletin stating that, while the Department is reconsidering its 2024 notice-and-comment rule on “Employee or Independent Contractor Classification Under the Fair Labor Standards Act,”
Much like the Trump Administration’s attempt to “dismantle and disable the agency entirely,” the administration’s latest effort to prevent CFPB from enforcing vital consumer protections is unlawful.
Even after the Supreme Court’s shadow-docket decision, there remain ways to assert award-termination challenges in district court.
Classifying USDS carries implications for, among other things, whether it is subject to the Freedom of Information Act and the Administrative Procedure Act and, indeed, whether it may properly exert power at all.
Over the past several years, the conservative legal movement and corporate interests have enjoyed one administrative law victory after another.