Policy Week in Review – October 3, 2025

Senate Advances DOL and EEOC Nominees

Earlier today, the Senate voted 51-46 on a procedural motion to advance the nominations of individuals to serve in key positions at the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), including: Andrew Rogers to serve as the DOL Wage and Hour Division administrator; Jonathan Berry as the solicitor of Labor; David Keeling as head of the Occupational Safety and Health Administration (OSHA); Wayne Palmer as the head of the Mine Safety and Health Administration; Julie Hocker to head the Office of Disability Employment Policy; David Brian Castillo to serve as DOL’s chief financial officer; and Brittany Panuccio to be a member of the EEOC.

Federal Government Shuts Down After Congress Fails to Reach Funding Deal

On Tuesday, the Senate failed to pass the House-passed short-term Continuing Resolution (CR) to keep the federal government open through November 21, amid demands from Democrats to add language to the CR to permanently extend the expiring health insurance premium subsides under the Affordable Care Act in exchange for their support to pass the CR. The Senate needed 60 votes to pass the bill. The final vote was 55 to 45, with Democratic Senators John Fetterman (D-PA) and Catherine Cortez Masto (D-NV) voting for the measure, as well as Independent Senator Angus King (I-ME).  As such, the federal government began to shut down at 12:00 a.m. on Wednesday night. Below is the firm’s guidance on what a federal government shutdown means for employers. 

What a Government Shutdown Means for Employers: Many Agencies Will Sharply Curtail Operations, Delaying New and Pending Cases

Federal appropriations have expired and much of the federal government has shut down. Most federal agencies will stop all but their most essential operations:

• Many agencies will stop processing charges and investigations.
• Most of them will cancel hearings and reschedule them when the government reopens.
• Most will shutter their public-information offices, making it difficult if not impossible for employers to get updates about their cases or other agency activities.
• Many agencies will close their regulatory groups, delaying any new rules, guidance, or regulations.

In this article, we break down these effects agency by agency. But the most important thing for employers to know is that they should expect delays in everything from case processing to business travel. Moreover, many agencies have not yet updated their shutdown contingency plans. 

The Impact of a Federal Government Shutdown on OSHA

Much of the federal government, including the Occupational Safety and Health Administration (OSHA), has shut down. Although OSHA will cease most operations during the shutdown, some inspection activity deemed “essential” by the Agency will continue under limited circumstances. For further Littler analysis, read here.

Our immigration-related summary is here.  

Littler podcast on the shutdown:  Littler Lounge: OOTO – Government Edition (What a Shutdown Means for the Workplace) | Littler

Littler’s Workplace Policy Institute will keep readers apprised and attempt to update as circumstances warrant.

Senate HELP Committee to Hold Hearing on Labor Reform 

On Wednesday, October 8 at 10:00 a.m. ET, the Senate Health, Education, Labor, and Pensions (HELP) Committee will hold a hearing titled “Labor Law Reform Part 1: Diagnosing the Issues, Exploring Current Proposals.” This will be the first of two hearings the Committee will hold in October on labor reform.

Senate HELP Committee to Vote on Labor Nominees

On Thursday, October 9 at 9:30 a.m. ET, the Senate Health, Education, Labor, and Pensions (HELP) Committee will convene an Executive Session to vote on pending White House nominees at the National Labor Relations Board (NLRB) and Department of Labor (DOL), which include: Crystal Carey to be the general counsel of the NLRB; Scott Mayer and James Murphy to be members of the NLRB; Rosario Palmieri to be the DOL assistant secretary of Labor for policy; and Anthony D’Esposito to serve as the DOL inspector general.  If approved by the Committee, the nominees would advance to the full Senate for consideration. If confirmed, Mayer and Murphy would restore the Board with a quorum, allowing it to address the growing backlog of undecided cases. You can read their hearing testimony here and here.

DOL’s Wage and Hour Division Issues Opinion Letters 

Pursuant to the U.S. Department of Labor’s return to the opinion letter program to provide the regulated community with compliance assistance, the Department’s Wage and Hour Division issued, on September 30, 2025, four opinion letters addressing tip pooling, emergency pay, overtime requirements, and family medical leave. Please read here for Littler’s analysis of the opinion letter related to emergency pay.