What next for seniors’ lives after the Supreme Court’s decision?

The decision published Friday by the U.S. Supreme Court “will create a more predictable and stable regulatory environment” for businesses, according to the U.S. Chamber of Commerce, a business advocacy group. But the outcome of this remains to be seen, given the ramifications of the ruling.

How McKnight’s Senior Living reported, in Loper Bright Enterprises v. RaimondoThe court ruled in a 6–3 majority that the Chevron doctrine, which held that U.S. courts should give significant weight to the decisions of federal agencies when developing regulations implementing laws passed by Congress, should be rejected.

“In the future, if an agency’s action is challenged in court, courts will continue to respect the agency’s authority if it was properly delegated by statute. However, if the law is ambiguous, courts will now be able to decide whether the agency acted within its statutory authority—rather than deferring to the agency,” according to Fisher Phillips.

The labor and employment law firm said it expects the Department of Labor’s overtime and independent contractor rules; the Equal Employment Opportunity Commission’s Age Discrimination in Employment Act and Americans with Disabilities Act regulations; the National Labor Relations Board’s joint employer regulations and several union-related regulations; the Federal Trade Commission’s ban on noncompete agreements; OSHA’s “walk-though” rule; and the Department of Homeland Security’s immigration regulations, among many others, to come under attack “in the coming months and years.” And advocates for the nursing home industry say the ruling could provide an opportunity to challenge the Centers for Medicare & Medicaid Services’ minimum staffing mandate for such facilities, potentially indirectly affecting assisted living providers recruiting from the same pool.

It is therefore difficult to predict how the court’s decision will ensure predictability and stability. Business leaders may have visions of more or less favorable regulations dancing in their heads, but there will be a lot of uncertainty along the way for companies trying to achieve and maintain compliance with federal regulations so as not to suffer negative consequences.

In fact, labor and employment law firm JacksonLewis states that “with more judicial discretion, a rule could be upheld in one court and struck down in another. This could lead to a series of inconsistent rulings across the country, creating jurisdictional conflicts and compliance issues for large employers in many states.”

So what is a company to do? JacksonLewis says it will be crucial for employers to “stay abreast of developments and know how to reconcile conflicting court decisions across the country, as well as use other compliance tools available to them – including agency guidance.”

It’s important to remember that existing federal regulations remain in effect. “Employers should continue to follow agency regulations and guidance unless a court strikes down those interpretations,” JacksonLewis advises.

Fisher Phillips also offers some advice in a post on the law firm’s website. First, the firm advises, “expect volatility” and stay up to date on legal challenges to various federal laws and guidelines.

Additionally, according to the company, companies will want to “assess whether practices and policies developed in the workplace are based on administrative policies or guidelines.” After consulting with a lawyer, you may want to consider or prepare to change some of your corporate policies.

In addition, companies will want to work with their lawyers to determine whether the decision means they should consider re-examining any ongoing legal issues. “You may identify new areas of attack that seemed untenable just a few days ago,” the law firm said.

Fisher Phillips also recommends that employers work with their industry and trade associations “to identify agency positions that impact your business,” which could lead to challenges to those positions.

Finally, the company says, remember that state and local laws may differ from federal laws. “In fact, it may be the case that some state lawmakers and regulators are calling for tighter regulations, given the relaxation that will soon come at the federal level,” the post warns.

Bottom line: fasten your seat belts.

Lois A. Bowers is the editor Senior McKnight’s Life. Read her other columns here. Follow her on X (formerly Twitter) at Lois_Bowers.