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Policy Week in Review – November 21, 2025
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.
House Committee Introduces LMRDA Reform Package
House Education and Workforce Committee Republicans introduced five bills this week to reform the Labor-Management Reporting and Disclosure Act (LMRDA), with the stated goal of promoting transparency and fairness. The legislation includes: Union Members Right to Know Act, which would require unions to annually disclose key documents, e.g., collective bargaining agreements and union constitutions and bylaws, with its members; Ask the Union Members Act, which would require unions to hold a secret ballot vote before approving a new contract or authorizing a strike; Protecting Union Representation and Elections Act, which would ensure union officers are elected via secret ballot by union members, rather than delegates; Fair Access to Justice for Union Members Act, which would remove the requirement that members of a union exhaust internal reasonable hearing procedures prior to bringing certain legal or administrative proceedings; and Endorsement Transparency Act, which would require unions to poll their membership and share the results with members before endorsing a presidential candidate. The Committee is expected to hold a hearing to examine the merits of this legislative package in the coming weeks.
Congressional Hearing Promotes Use of E-Verify
The House Education and Workforce Committee’s Subcommittee on Workforce Protections held a hearing on Wednesday titled, E-Verify: Ensuring Lawful Employment in America. Subcommittee Chair Ryan Mackenzie (R-PA) stated, “all businesses providing services to the federal government must verify their workers are lawful,” as the rationale for introduction of his legislation titled, Day 1, Dollar 1 E-Verify Act, which would codify a requirement that all federal contractors use E-Verify, including for small-dollar and short-term contracts. Hearing witnesses testified on how strengthening E-Verify is critical in addressing legal hiring and broader immigration enforcement actions. A corresponding OpEd authored by full Committee Chair Tim Walberg (R-MI) and Subcommittee Chair Mackenzie (R-PA) discuss the merits of E-Verify.
Legislation Introduced to Repeal Heat Standard Proposal
Representative Mark Messner (R-IN) introduced legislation on Thursday seeking to block the previous administration’s proposed “one size fits all” Occupational Safety and Health Administration (OSHA) heat standard. See Rep. Messmer’s press release here. The proposed rule would require employers to protect workers from certain heat-related hazards and implement preventative strategies at higher heat indexes. OSHA is currently reviewing comments from the public hearing regarding its pending heat standard. Whether the agency will substantially revise the proposed Biden-era rule is unknown. Many industry advocates have suggested a performance-oriented approach with flexibility; however, experts advise that any substantial changes to the proposed regulatory text could open the rule to a later legal challenge.
EEOC Updates Guidance on National Origin Discrimination
The U.S. Equal Employment Opportunity Commission (EEOC) issued a one-page “technical assistance” document this week regarding national origin discrimination. That same day, the agency announced that it had updated its national origin discrimination landing page so as to provide workers and employers with information about “what national origin discrimination can look like in the workplace” and how employees may obtain EEOC assistance if they feel they have been the victim of discrimination. For the key takeaways for employers, read here.
House Committee Advances FLSA Reform Legislation
On Thursday, the House Education and Workforce Committee approved three bills aimed at modernizing the Fair Labor Standards Act (FLSA), including: Ensuring Workers Get PAID Act, which would permanently establish the Department of Labor’s Payroll Audit Independent Determination (PAID) program that allows employers to self-report and correct potential payroll and/or medical leave violations under a supervised settlement agreement with the Department; Working Families Flexibility Act, which would give private-sector employees the option to choose paid time off instead of overtime pay; and the Tipped Employee Protect Act, which would clarify and broaden the definition of tipped employee.
