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Policy Week in Review – October 2, 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.
U.S. Congress is Adjourned Until November
The Senate adjourned on Wednesday night for the fast-approaching November 3rd midterm elections. The House left town on September 16. When Congress reconvenes in November for the lame-duck session, it will face many unfinished legislative priorities, including defense authorization and funding the federal government. But, for now, the focus shifts to the campaign trail where candidates face a tough battleground amid constituents’ growing frustrations over the affordability of consumer goods, including rising fuel and food costs. The results of the midterms will decide the balance of power in Washington next year. Democrats need a net gain of 4 seats in the Senate and a net gain of 3 seats in the House of Representatives to win majorities. Stay tuned for WPI’s post-midterm analysis, perspective, and outlook for labor and employment policy.
OIRA in Receipt and Review of DOL’s Final Independent Contractor Rule
On September 28, the Office of Information and Regulatory Affairs (OIRA) received for review the Department of Labor’s final rule that will provide an analysis for determining 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 final rule is expected to establish a standard similar to one the Department issued under the first Trump administration, i.e., simplify worker classification by focusing on two main factors—control over the work, and entrepreneurial opportunity. For additional Littler analysis, read here.
Keith Sonderling Confirmed as Secretary of Labor
As its final action before leaving town for the midterm elections, the Senate voted 47-41 along party lines to confirm the nomination of Keith Sonderling to be the secretary of labor. Having previously served as the deputy labor secretary and then acting labor secretary after the resignation of Laurie Chavez-DeRemer over alleged ethics violations, Sonderling has a proven track record of effectively running the Department. Additionally, he has been instrumental in restoring compliance assistance for the regulated community, providing opportunities for stakeholder engagement, and expanding registered apprenticeships to grow the nation’s workforce needs. Secretary Sonderling will preside over the Department’s active regulatory agenda this fall, which includes forthcoming regulations on independent contractor status and joint employment liability.
