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 legislation, regulations, and congressional activity affecting the workplace. NLRB Chair Murphy and General Counsel Carey Testify at House Subcommittee Hearing  On June 4, the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing, with the National Labor Relations Board (NLRB) Chair James Murphy and General Counsel Crystal Carey as witnesses to examine the policies and priorities of the NLRB. Chair Allen asked about the timing of an initial contract. GC Carey explained that, from certification, the extensive process of ascertaining, gathering, and responding to information pertaining to the specific employer, industry, and employees, as well as the time needed to draft proposals, can take time and should not be rushed. Chair Walberg, alluding to the imminent House floor vote on the “Faster Labor Contracts Act,” stated that the fed...

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace. DOL Rescinds Biden-Era Overtime Rule  On May 14, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a technical amendment designed to unwind the Biden-era regulation and restore the 2019 Trump-era regulation establishing the salary level needed to qualify for the Fair Labor Standards Act (FLSA) “white collar” overtime exemptions. For further Littler analysis, read here . It is unclear if the DOL will revisit the 2019 rule and pursue a new rulemaking. Discharge Petition on “Faster Labor Contracts Act” Closer to 218-Signature Threshold As previously reported, the Discharge Petition (H.Res. 1140) filed by Representative Donald Norcross (D-NJ) to bypass committee consideration and force a House floor vote on union-backed H.R. 5408, the “Faster Labor Contracts...

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace. White House Releases FY27 Budget Request  T he White House released its  FY27 budget proposal  this morning, which seeks $2.2 trillion for the federal government. As stated in the preamble, which reveals the president’s priorities, the proposal constrains non-defense spending, proposing a 10% cut compared to FY26 non-defense levels; maintains investments in border security and immigration enforcement; and requests $1.5 trillion for national defense, a 44% increase.  The Department of Labor would receive $9.9 billion, a $3.5 billion or 25.9% decrease, with investments in workforce development to promote post-secondary education and training options. In an effort to centralize and strengthen the Department’s national security function, the budget proposes to reorg...

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace. Senate Passes Partial DHS Funding Legislation; House Rejects It; DHS Shutdown Continues   After a shutdown lasting over a month (41 days) at the Department of Homeland Security (DHS) and ensuing failed negotiations in the Senate to reach consensus on legislation to fund the Department over demands for reforms to immigration enforcement, the Senate finally voted early this morning to pass a bill to partially fund the DHS. The deal funds most of DHS except for Immigration and Customs Enforcement and Customs and Border Patrol. The legislation shifted over to the House for consideration where it was rejected this afternoon by House conservatives who want full-year ICE and CBP funding, plus voter-ID requirements added to the bill. Moments later, amid mounting TSA pressures and long...

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 Division of Advice Recommends Dismissal of Expansive Charges The National Labor Relations Board (NLRB) Division of Advice (“Advice”) released a series of memos that recommended dismissal of charges that appear to have taken expansive views of Biden-era Board precedents . Advice is a department of the Board that provides guidance to regional offices about novel or difficult legal issues . In these memos, Advice recommended that the regional officials dismiss three charges. The first involved a union’s claim for recognition in an expanded unit where the union didn’t file a failure to bargain charge necessary to get a bargaining order. The second involved a newspaper employee’s criticism of the employer on a Slack channel and a related work rule. The third involved an allegedly overbroad non-solicitation provision in a former em...

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. EEOC Rescinds Enforcement Guidance on Harassment  On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its Enforcement Guidance on Harassment in the Workplace. The proposal to rescind the guidance was approved two-to-one, with Chair Andrea Lucas (R) and Commissioner Britanny Panuccio (R) voting to repeal the document, and Commissioner Kalpana Kotagal (D) voting against rescission. The rescission is unsurprising now that the Commission has a quorum. Almost immediately after assuming her role as then-acting chair in January 2025, now-Chair Lucas signaled her opposition to portions of the guidance and indicated that she would seek to rescind or revise it as soon as she had the votes to do so. While the rescission is effective immediately, as a legal matter, the repeal of non-binding EEOC...