The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week.

Congressional and Administrative News

Pro-Union Legislation Introduced

Senator Josh Hawley (R-MO) introduced the Faster Labor Contract Act, which would speed up the collective bargaining process by requiring employers to begin negotiating with the union within 10 days after workers vote to form a union, and then impose a 90-day timeframe to reach a contract. If no agreement were reached, the dispute would go to mediation.  If mediation were to fail within 30 days, the dispute would be referred to a three-person arbitration panel, which would settle the dispute and render a binding contract on the parties for two years. This legislation follows Hawley’s labor reform framework released earlier this year. Regardless of the number of days it takes to reach agreements, the Faster Labor Contract Act relies on the false premise that unions are entitled to force employers to enter into union contracts at all, which has never been the goal of the NLRA. Employers have a right not to agree, and the business community and Congress have a duty to protect that right in order to avoid a massive shift in control of private sector labor relations in favor of unions.  WPI is tracking the Hawley proposals closely and engaging with key lawmakers to provide our insights and analysis. 

Additionally, the Richard L. Trumka Protecting the Right to Organize Act (PRO Act) was reintroduced this week by Senator Bernie Sanders (I-VT) and Representative Bobby Scott (D-VA).  The PRO Act, which was the centerpiece of President Biden’s labor policy agenda, is a radical bill that would take away workers’ right to a secret ballot election, ban state right-to-work laws, force union contracts over the rights of employers (same provision as the Hawley proposal), take away the freedoms and flexibility of the gig economy by reclassifying independent contractors as employees, codify expanded joint employment liability, chill employer speech during organizing drives, among other provisions. The Senate has repeatedly rejected the PRO Act over the years. 

NLRB Member Gwynne Wilcox Reinstated After Termination

On Thursday, U.S. District Court Judge Beryl Howell ruled that President Trump lacked the authority to terminate National Labor Relations Board Member Gwynne Wilcox, allowing Wilcox to return to the Board.  The Trump administration has already filed an appeal with the U.S. Court of Appeals for the D.C. Circuit.  In the interim, Wilcox’s return to the Board will restore the three-member quorum needed to issue decisions, pending the appeal.  For further analysis, read here.

Trump Labor Nominees Advance

The Senate is expected to hold a floor vote early next week to confirm former Representative Lori Chavez DeRemer, after her nomination for labor secretary cleared a procedural vote this week.  Additionally, the Senate HELP Committee, along a party-line vote, approved Keith Sonderling’s nomination for deputy labor secretary.  His nomination will now move to the Senate floor for a final vote.   

Weekly Labor and Employment News

Littler Lightbulb – February Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month.

Executive Order Tracker (Updated as of March 6, 2025)

Littler's Executive Order Tracker is your go-to resource for staying updated on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing summaries to help you understand the changes and the implications to your business. Only those orders that impact compliance with labor and employment directives are identified with a topic. In the first 100 days, the Trump administration is also rescinding executive orders issued by previous administrations and those are available here.

Littler’s Workplace Policy Institute will keep readers apprised of relevant developments.

Rescinded Order Tracker (Updated as of March 1, 2025)

Littler's Rescinded Order Tracker provides easy access to those executive orders issued by previous administrations that are rescinded by the Trump administration. Only those orders that impact compliance with labor and employment directives are identified with a topic.

Littler will keep readers apprised of relevant developments.

OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act. Title VI generally prohibits discrimination based on race, color or national origin in programs or activities that receive federal financial assistance. The DCL provided guidance on the Trump administration’s interpretation of the Supreme Court decision Students for Fair Admissions v. Harvard, which prohibited colleges and universities from considering race, color or national origin in school admissions programs.

Littler will provide updates as these issues unfold in the court system and through OCR enforcement.

Immigration Considerations for Hospitality Employers

President Trump’s promise to carry out the largest deportation of undocumented individuals while simultaneously limiting the immigration of foreign workers is causing unique concerns in the hospitality industry. From resorts that rely heavily on seasonal workers through H-2B visas in the summer, to the homemade arepa-themed restaurant that relies on uniquely qualified Colombian, Venezuelan or Panamanian chefs, employers in hospitality industry should be preparing for a potential flurry of activity.

Upcoming Littler Events

March 11

Breaking Down the Eleventh-Hour Changes to Michigan’s Earned Sick Time Act

Webinar – On February 21, 2025, Michigan enacted amendments to its Earned Sick Time Act (ESTA), effective immediately on the same day that the ESTA was set to take effect. Littler’s Stephanie Mills-Gallan and Jessica Kingston break down the impact of those eleventh-hour changes and what employers must now do to bring their policies into compliance with the new requirements.

Time:

10:00 - 11:00 a.m. PT

11:00 a.m. - 12:00 p.m. MT

12:00 - 1:00 p.m. CT

1:00 - 2:00 p.m. ET

March 12

Navigating EEOC Changes: What Employers Need to Know Under the New Administration

Webinar – This brief but insightful webinar will review the latest changes at the U.S. Equal Employment Opportunity Commission (EEOC) under the new administration. This session will cover critical updates and provide practical guidance for employers.

Key Topics:

• Leadership and Policy Shifts: Understanding leadership changes at the EEOC and the new agency priorities
• Legal Insights: Legal analysis of the latest developments to help you stay ahead
• Compliance Strategies: Best practices for maintaining compliance with updated EEOC regulations

Time:

11:00 - 11:30 a.m. PT

12:00 - 12:30 p.m. MT

1:00 - 1:30 p.m. CT

2:00 - 2:30 p.m. ET

March 13

Hiring in the Wild West: Navigating California’s Employment Frontier

Webinar – Are you ready to ride into the untamed frontier of California's complex employment landscape? Presenting an exciting and informative webinar, “Hiring in the Wild West: Navigating California's Employment Frontier," where we'll help you lasso the latest California compliance issues and wrangle your way through the hiring process.

Topics we will cover include:

• Pre-hire compliance issues: Pay transparency requirements, job applications, background screenings, interviewing, offer letters
• Onboarding: Key policies and required notices, essential onboarding documents, mandatory training requirements
• During employment: Unique wage and hour considerations, pay data reporting

Don't miss out on this golden opportunity to become a true employment law trailblazer. Whether you're a seasoned HR professional, expanding your business to California, or beginning your entrepreneurial journey, this webinar will equip you with the knowledge and tools you need to navigate the wild terrain of California employment law.

Time:

9:00 - 10:30 a.m. PT

10:00 - 11:30 a.m. MT

11:00 a.m. - 12:30 p.m. CT

12:00 - 1:30 p.m. ET