ASAP
Policy Week in Review – November 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.
The Political Tides in Washington Are Shifting
The 2026 midterm election results will reshape the balance of power in Washington when the 120th Congress convenes on January 3, 2027. Democrats will control the U.S. Senate and the House of Representatives. What does this new political realignment mean for workplace policy? Read here for Littler WPI’s analysis.
DOL’s Independent Contractor Final Rule Is Imminent
The White House Office of Information and Regulatory Affairs recently concluded its review of the Department of Labor’s final rule regarding employee or independent contractor status under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act. Barring substantial changes, it is expected that the final rule will mirror the proposed rule, which establishes a standard similar to the one the Department issued under the first Trump administration, i.e., it would simplify worker classification by focusing on two main factors—control over the work, and entrepreneurial opportunity. While other factors like amount of skill and degree of permanence of the relationship would still be relevant, they would usually be unnecessary when the two main factors point in the same direction. The final rule will likely have a 60-day effective date once published in the Federal Register.
Hearing on Nomination of EEOC General Counsel Scheduled for November 10
The Senate Health, Education, Labor, and Pensions Committee will hold a hearing on the nomination of Catherine Eschbach to be the general counsel of the Equal Employment Opportunity Commission (EEOC) on November 10 at 10:00AM. Eschbach currently serves as the EEOC’s principal deputy general counsel and served previously as the director of the Office Federal Contract Compliance Programs (OFCCP) at the Department of Labor.
NLRB Appoints New Solicitor
The National Labor Relations Board (NLRB) announced the appointment of Amy Cocuzza, an attorney with years of experience at the NLRB, as its new solicitor. According to the release, Cocuzza will serve as the “the chief legal advisor and consultant to the entire Board on all questions of law regarding the Board’s general operations and on major questions of law and policy concerning the adjudication of NLRB cases in the Courts of Appeals and the U.S. Supreme Court,” as well as liaison from the Board to the general counsel.
