Compliance Stuff

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters. NLRB Has a Quorum! On January 7, Senate-confirmed National Labor Relations Board (NLRB) nominees James Murphy and Scott Mayer were sworn in as new Board members, giving the Board a 2-1 Republican majority. The Board now has the requisite quorum needed to clear the backlog of cases and start issuing decisions. Murphy will have a term that expires on December 16, 2027, while Mayer’s term will expire on December 16, 2029.    At this time, a third Republican nominee has yet to be named and confirmed, which means the Board may adhere to its longstanding policy of not changing precedent without three votes in the affirmative. Additionally, Crystal Carey was sworn in as the Board’s general counsel for a four-year term. Read  here  for Littler’s insight.  U.S. DOL’s Wage and Hour Division Issues Six New Opinion Let...

Takeaways The DOL stated in a 01.05.26 opinion letter that if an employee is scheduled to use less than a full workweek of FMLA leave, the time when the employer (a school) is closed for inclement weather will not be deducted from the employee’s FMLA entitlement unless the employee was expected to work during the school closure.  Conversely, however, the opinion letter states i f an employee is scheduled to take a full workweek of FMLA during a week when the school is closed for part of the week, the entire week is counted against an employee’s FMLA entitlement.   The DOL announced in June 2025 that it would launch an expanded opinion letter program. Related link FMLA2026-1 Article The Department of Labor (DOL) Wage and Hour Division issued an  opinion letter  on Jan. 5, 2026, analyzing how a school closure of less than one full week affects the Family and Medical Leave Act (FMLA) entitlement of an employee on scheduled FMLA leave . The DOL analyzed key differences ...