Another concern is the Department of Labor has administrative discretion under the new category, as it has with H-2B visas, a category for seasonal nonagricultural workers.

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As we learned from the Atlanta cheating scandal, such administrative discretion is a recipe for fraud, especially when paychecks and career advancement are riding on the test results.

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But what I intend to show is that there is a Hayekian approach to communications policy that respects contracts and private property, constrains otherwise unbridled administrative discretion, and promotes free markets and the rule of law.

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Congress leaves broad discretion to administrative agencies to decide how to implement the law, the court noted, but businesses also have a right to be protected against sudden and arbitrary changes.

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It rejected the argument that she was covered under the administrative exemption, saying she had very little of the discretion given executives.

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The Labor Dept. has changed its approach toward loan officers, for example, and also tightened its interpretation of the rules for how much individual discretion an employee has to have to fall under the administrative exemption.

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