Compliance Stuff

Similar to many changes in administration, the 2025 labor and employment landscape was defined by fragmentation followed by realignment . Federal agency authority faced significant constitutional challenges, while states and cities accelerated their own legislation on pay transparency, paid leave, and hiring practices. This year-end update provides insight into the most consequential developments for employers, focusing on the National Labor Relations Board’s (NLRB) shifting authority, new standards for employer liability, heightened scrutiny of artificial intelligence (AI), and a wave of new state and local mandates. Employers with multijurisdictional footprints should address these changes to refine and update compliance roadmaps for 2026. NLRB Authority and Leadership in Flux A divided D.C. Circuit panel held in Wilcox v. Trump, et al. , No. 25-5057 (D.C. Cir. Dec. 5, 2025) that statutory “for-cause” removal protections for NLRB members are unconstitutional because the Board exerci...

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. The EEOC Regains a Quorum  On October 7, 2025, the U.S. Senate confirmed the nomination of Brittany Panuccio to be a commissioner of the Equal Employment Opportunity Commission (EEOC). Once she is sworn in and takes her seat, the EEOC will regain the requisite 3-member quorum, with a 2-1 republican majority, which will enable it to make new policy, revisit old policies and guidance, and take other significant actions. The additional members include Acting Chair Andrea Lucas, who was renominated and confirmed for a second term earlier this year, and Kalpana Kotagal, a democratic appointee, whose term expires in July 2027. The EEOC Acting General Counsel Andrew Rogers was just confirmed by the Senate to serve as the Department of Labor’s (DOL) Wage and Hour administrator. At this time, the White House has not officially nominat...

After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant course correction of the nation’s labor law landscape. Once confirmed as expected, these nominees could quickly reshape things for employers across the country, especially as many continue to grapple with aggressive union activity, a backlog of Board decisions, and sweeping changes to precedent issued under the prior administration. With the pendulum poised to swing back, employers should start preparing now for what could be a more management-friendly Board. Here is a quick recap and a list of the five most significant cases you should keep your eye on. Trump's Picks and a Path Back to Quorum On July 17, President Trump announced the nominations of two new Board members to fill two of the vacant seats on the NLRB: Scott Mayer, chief labor counsel at a global aer...

After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant course correction of the nation’s labor law landscape . Once confirmed as expected, these nominees could quickly reshape things for employers across the country, especially as many continue to grapple with aggressive union activity, a backlog of Board decisions, and sweeping changes to precedent issued under the prior administration. With the pendulum poised to swing back, employers should start preparing now for what could be a more management-friendly Board. Here is a quick recap and a list of the five most significant cases you should keep your eye on. Trump's Picks and a Path Back to Quorum On July 17, President Trump announced the nominations of two new Board members to fill two of the vacant seats on the NLRB: Scott Mayer, chief labor counsel at a global ae...