Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
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
Labor Secretary Nominee Lori Chavez-DeRemer Approved by Senate HELP Committee
Former Rep. Lori Chavea-DeRemer was approved by the Senate Health, Education, Labor and Pensions (HELP) Committee on Thursday by a vote of 14-9, with Democratic Senators Tim Kaine (D-VA), John Hickenlooper (D-CO), and Maggie Hassan (D-NH) supporting her. Senator Rand Paul (R-KY), citing her previous support of pro-labor legislation, was the sole Republican to vote against her. Her nomination will now move the Senate floor for a final vote.
Senate HELP Committee Holds Confirmation Hearing on Deputy Labor Secretary Nominee Keith Sonderling
On Thursday, the Senate HELP Committee held a confirmation hearing to consider the nomination of Keith Sonderling to be the deputy labor secretary. Sonderling previously led the Department’s Wage and Hour Division under the first Trump administration and, more recently, served as a commissioner to the Equal Employment Opportunity Commission. For further insights on Sonderling’s experience and qualifications, please read our insight report here. The Committee is scheduled to vote on Sonderling’s nomination on Thursday, March 6 at 9:30 a.m.
House Education and Workforce Committee Holds Hearing on Strengthening America’s Workforce
On Wednesday, the House Education and Workforce Committee held a hearing titled, “America’s Workforce and Strengthening Our Economy.” The focus of the hearing was to address the challenges that American workers and businesses have faced since the COVID-19 pandemic and the policy solutions to get the nation’s workforce on track. Ms. Beth Milito, executive director of the National Federation of Independent Business’ (NFIB) Small Business Legal Center, testified that small businesses continue to struggle to fill open positions and that business owners are increasing compensation and benefits to recruit talent and remain competitive. Ms. Milito also stressed the urgent need to provide small business owners with regulatory certainty and the avoidance of “one-size-fits-all, inflexible and costly mandates from Washington D.C. and state capitals around the country which disproportionately impact small business that operate without compliance, lawyers, or human resource departments.” In her closing remarks, Ms. Milito concluded, “Making it more expensive to hire employees will not lead to more hiring.” For additional information about the hearing, read here.
U.S. DOL Appoints Randy Johnson as Administrative Review Board Chair
On Wednesday, the U.S. Department of Labor appointed Randy Johnson as the chair of the Administrative Review Board, which issues agency decisions in cases arising from worker protection laws. For decades, Randy led the U.S. Chamber of Commerce’s labor and employment policy division, including the Labor Relations Committee. More recently, he served as a fellow at Cornell Law School teaching immigration law.
Bipartisan Immigration Legislation Reintroduced
The bipartisan “American Dream and Promise Act,” H.R. 1589, was reintroduced this week. The legislation, which is identical to the version that passed the House in the 117th Congress and reintroduced in the 118th Congress, would provide permanent legal status to Dreamers, undocumented immigrants who were brought to the United States as children, and includes recipients of Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) beneficiaries. The bill is sponsored by Representatives Sylvia Garcia (D-TX) and Maria Salazar (R-FL) and has been referred to the House Judiciary Committee and the House Education and Workforce Committee for consideration.
Weekly Labor and Employment News
Littler’s Inclusion, Equity and Diversity C-Suite Survey Report 2025
Corporate inclusion, equity and diversity (IE&D) programs are facing existential threats in 2025. President Trump kicked off his second term with a series of executive orders taking aim at such efforts and companies continue to face pressure from vocal IE&D critics. This new paradigm presents business leaders with the formidable challenge of balancing the rapidly shifting political landscape with employee expectations and existing IE&D commitments.
Download the IE&D C-Suite Survey Report
Executive Order Tracker (Updated as of February 26, 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.
International Women's Day – Accelerate Action: Advancing Women in Leadership
International Women’s Day falls on the March 8th each year. This year’s campaign theme, “Accelerate Action,” highlights the urgent need for progress as data from the World Economic Forum predicts that, at the current rate of progress, it will take until 2158 to reach full gender parity – roughly five generations from now.
In this article, we look at how the theme of “Accelerate Action” poses the challenge of how to drive meaningful change for women, and in particular, women in leadership. We examine leadership representation, the benefits of gender diversity, recent legal developments in the UK and what employers can do to advance women into leadership.
Legal Challenge to PWFA Regulations by 17 States Revived by the Eighth Circuit
The Pregnant Workers Fairness Act (PWFA), which was passed in December 2022, requires a covered employer to provide reasonable accommodations for a qualified employee’s or applicant’s known limitations related to “pregnancy, childbirth, or related medical conditions,” unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer’s operation of the business. In April 2024, the EEOC published its Final Rule and Interpretive Guidance (“Final Rule”) implementing the PWFA. Shortly after the Final Rule was published, 17 states challenged its lawfulness, specifically focusing on its requirements for accommodating individuals seeking elective abortions, alleging that the Final Rule conflicts with the states’ policies. The U.S. District Court for the Eastern District of Arkansas initially dismissed the matter, without prejudice, in June 2024, citing lack of standing. On February 20, 2025, the U.S. Court of Appeals for the Eighth Circuit in State of Tennessee et al. v. EEOC, No. 24-2249 (Feb. 20, 2025), reversed the district court’s decision.
On February 18, 2025, the U.S. Department of State superseded and updated its previously issued December 2023 post-COVID guidance on non-immigrant interview waiver applications. Under the revised guidance, Important Update on Waivers of the Interview Requirement for Certain Nonimmigrant Visa Applicants, only applicants who still have a valid visa or previously held a visa in the same category that expired 12 months prior to the new application will be eligible to apply for the interview waiver. This is a substantial change from previous guidance that allowed up to 48 months expiration.
The Pay Transparency Laws to Know in 2025 in the United States and Beyond
It was once considered impolite to discuss salary in the workplace. Now, thanks to shifting workplace standards and social media, open conversations about pay have become the norm worldwide. Employees frequently share their compensation details online, challenging the long-held secrecy around salaries at work.
With wage transparency at the center of global employment policy, here is a brief roundup of the pay transparency laws taking effect this year.
Florida Enacts Two Sweeping Immigration Enforcement Laws
On February 13, 2025, Florida Governor Ron DeSantis signed into law two immigration-related bills aimed at assisting enforcement of President Trump’s immigration policies. Here are some key aspects of the new laws.
Michigan’s 11th-Hour Changes to Minimum Wage, Tip, and Paid Sick Leave Standards
On February 21, 2025, Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002, which, effective immediately, revise minimum wage, tip and paid sick leave standards Michigan employers were expecting to take effect that day due to a July 2024 Michigan Supreme Court decision. Notably, the state labor department has already revised its FAQs concerning paid sick leave and its FAQs concerning minimum wage and tips.
Upcoming Littler Events
March 4
Live Event – Littler and your fellow colleagues in financial services present a highly engaging and practical roundtable geared toward a discussion of key Executive Orders and their expected impact on the financial services industry. Participants will collaborate and discuss the challenges these new mandates pose and share practical approaches to maximize compliance.
Topics we will discuss at this roundtable include:
- The Trump administration: Making sense of the Executive Orders
- Immigration and ICE raids
- IE&D: Strategies for compliance in the face of conflicting federal and state expectations
- Litigation: What we are seeing in discrimination and whistleblower claims
Registration & Breakfast: 8:00 - 8:30 a.m.
Roundtable Program: 8:30 - 10:00 a.m.
***Registration for this event is closed as we have reached maximum capacity. To be placed on a waitlist please contact johlin@littler.com***
March 4 – 7
FMLA and ADA Master Class 2025
Virtual Conference – Gaining Critical Skills to Manage an Employee with a Medical Condition
Imagine spending four consecutive days deepening your knowledge of the Family and Medical Leave Act and the Americans with Disabilities Act and gaining practical insight to manage employee absences and accommodations. For those of you who’d rather have your teeth pulled out one-by-one, hang with us here.
What if we told you that, over these 11 hours of FMLA and ADA goodness, you might even have a few (hardy) laughs and leave this experience feeling like you have conquered nearly every FMLA and ADA frustration?
For the past few years, Littler shareholder and FMLA Insights author Jeff Nowak has conducted an FMLA master class, switching over last year to an ADA course. This year, Jeff is offering entirely new content in a combined FMLA and ADA master class! In this new, interactive, four-day (11-hour) course, Jeff will help you master the critical components of the FMLA and ADA to become more comfortable with managing an employee with a medical condition.
March 6
New York Employers: Navigating the Latest Executive Orders from the New Administration
Live Event – President Trump has issued multiple executive orders that impact employer obligations and is poised to issue many more. As of this writing, orders have been issued addressing matters that directly and indirectly implicate the workplace including, but not limited to, inclusion, equity, and diversity programs as well as immigration. Lawsuits have been filed to prevent enforcement of some executive orders, but how can a prudent employer keep track of the changing landscape and understand their legal obligations? This Breakfast Briefing will review the orders and their legal status and offer practical compliance suggestions for New York employers.
Registration & Breakfast: 8:30 - 9:00 a.m.
Program: 9:00 - 10:30 a.m.
