ASAP
Policy Week in Review – March 6, 2026
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.
Littler WPI Releases Survey Report on 2025’s Regulatory and Economic Changes on Employers
The first year of the second Trump administration was something of a roller coaster for employers, as rapid-fire policy shifts created persistent volatility for businesses of all shapes and sizes. From new immigration policies and diversity, equity and inclusion (DEI) program crackdowns to booming artificial intelligence (AI) adoption and state legislative changes, businesses are navigating myriad impacts to their workplaces and workers alike. To assess where employers stand in this dynamic environment, Littler’s Workplace Policy Institute® (WPI) – the firm’s government relations and public policy arm – surveyed more than 300 in-house lawyers, human resource (HR) professionals and C-suite executives. Respondents are based across the United States and represent a range of company sizes and industries. The findings reveal the widespread effects of 2025’s regulatory and economic changes on employers, providing crucial benchmarks and insights as business leaders prepare for ongoing changes in the year ahead. Link: Littler WPI Survey Report.
NLRB GC Issues Memo on Case Handling Guidance to Regional Directors
National Labor Relations Board (NLRB) General Counsel Crystal Carey issued GC Memorandum 26-03, providing new case handling guidance to regional directors. Most notably, the memo instructed NLRB regional attorneys to deemphasize certain cases involving allegedly unlawful handbook rules. The memo stated that when a case involves only a freestanding, overbroad rule—one that has not actually been enforced—regional attorneys should “promptly seek settlement.” The memo also cautioned regional attorneys to be judicious in prosecuting any such cases in the future. When evaluating handbook cases, they should target only “obvious, unjustifiable restrictions.”
The memo also stated, among other things, that prior guidance set forth by Acting General Counsel Cowen remains in effect; encourages the resolution of cases through settlement rather than litigation when feasible, noting that enhanced remedies should not be routinely included in settlement agreements or complaints; requires a charging party to present evidence to support allegations within two week of filing a charge; and notes that not every case is appropriate for 10(j) injunctions.
ICYMI: U.S. Department of Labor Proposes New(ish) Worker-Classification Standards
The U.S. Department of Labor (DOL) proposed a new rule, entitled the "Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act." The proposed rule is designed to differentiate between employees and independent contractors.
ICYMI: NLRB Reinstates 2020 Joint Employer Standard: A Return to Direct Control
On February 26, 2026, the National Labor Relations Board formally reinstated its 2020 joint-employer standard. This action officially withdraws a Biden-era 2023 rule and restores a narrower framework for determining when two businesses share legal responsibility for the same group of workers. By returning to the 2020 standard, the Board is aiming to settle period of legal uncertainty that has loomed over the business community for years.
