April 7, 2025 | News | In the Media

Jeff Starling Quoted in Law360 on Supreme Court’s Denial to Review NLRB Deference Cases

Jeff Starling, Chair of Balch & Bingham LLP’s Labor & Employment Practice, was quoted by Law360 regarding the U.S. Supreme Court’s recent denial to review two labor cases addressing court deference to National Labor Relations Board (NLRB) decisions following last year's landmark Loper Bright ruling.

In the article published on March 28, 2025, Jeff explained that although the high court declined to address how its June 2024 decision in Loper Bright Enterprises v. Raimondo—effectively ending the longstanding Chevron deference doctrine—applies specifically to NLRB rulings, future clarification from the Supreme Court is potentially still on the table.

Jeff noted the Supreme Court’s current stance does not indicate unwillingness to clarify Loper Bright’s reach.

"The Supreme Court will have the opportunity to choose from many petitions to find the right case that the majority is looking for to make a decision in terms of explaining the breadth of the Loper Bright decision,” Law360 quoted Jeff as saying.

He explained there’s a possibility that the Supreme Court may seek a case where the NLRB significantly shifts its interpretation of labor laws. As a potential example, Jeff cited the board’s 2023 decision setting a new, lower standard for issuing bargaining orders requiring employers to recognize and bargain with a union despite a majority of employees voting against union representation.

"It's more likely to be that type of issue as opposed to an issue where the NLRB has had a relatively standard position for a number of years," Jeff told Law360.

Jeff also emphasized that due to Loper Bright’s broad implications across federal agencies, the eventual clarification may not necessarily stem directly from an NLRB case. He expects employers to continue to use Loper Bright arguments until the Court provides clarification.

"I think you will see these arguments being raised at the very early stages so they can be preserved for appeal, and I think people will continue to do that going forward," Law360 quoted Jeff as saying.

In his practice, Jeff represents employers across the full range of legal issues, from litigating and trying cases involving trade secrets, non-competition and non-solicitation agreements, to defending clients against whistleblowers, as well as individual and class claims of discrimination, harassment, and retaliation, to FLSA collective actions and various state law tort claims. While Jeff helps clients develop human resources policies, minimize legal risks and avoid disputes, he also aggressively represents clients in responding to union organizing and elections, bargaining with unions, defending NLRB charges, and arbitrating claims.

Jeff is a Fellow in the American College of Labor & Employment Lawyers. He is a member of the Labor & Employment and Litigation Sections of the American Bar Association and an Editor of the ABA publication, The Developing Labor Law.

Jeff has been recognized for excellence by Chambers USA, The Best Lawyers in America, Benchmark Litigation and Mid-South Super Lawyers.