Macy’s, US Split Over Loper Bright’s Impact on Smoker Fee Suit

The Labor Department’s attempt to hold Macy’s Inc. liable for running a health plan that allegedly discriminates against employees who smoke invites questions about agency deference following the death of Chevron deference, the retailer said.

But the US Supreme Court’s June decision in Loper Bright Enterprises v. Raimondo is irrelevant, the department said in a dueling brief filed Wednesday in the US District Court for the Southern District of Ohio.

The decision instructs courts to apply the “best read” of a given statute instead of deferring to the interpretation championed by a federal agency, Macy’s said in its supplemental brief ...