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Policy Week in Review – October 30, 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.
EEOC Revokes Hiring Guidance on Arrest and Conviction Records
The Equal Employment Opportunity Commission (EEOC) voted this week to revoke its long-standing enforcement guidance, approved in 2012, which was intended to discourage employers from considering prospective employee arrest and conviction records when making hiring decisions. The press release issued by the EEOC states that the rescission is effective immediately.
DOL Finalizes Pharmacy Benefit Manger (PBM) Transparency Rule
On October 29, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) announced a final rule that will require pharmacy benefit managers (PBMs) and their affiliates to disclose their fees and compensation to large employers’ self-insured group health plans. PBMs play a key role in the prescription drug market by negotiating pricing with the drug manufacturers and managing formularies by creating covered and preferred drug lists that influence what doctors prescribe. By shedding transparency over PBM operations, the rule is intended to disclose any hidden fees, thereby lowering prescription drug costs for health plan participants.
ICYMI: Legislation Introduced to Protect Restaurants from Third-Party Delivery Services
Representative Susie Lee (D-NV) introduced legislation titled “Providing Real Oversight of Third Parties Executing Certain Transactions for Small Restaurants Act” a/k/a PROTECT Small Restaurants Act, which would ensure delivery service providers have partnership agreements with the restaurants for which the providers deliver before listing them or facilitating orders. The goal of the legislation is to give small restaurants an opportunity to consent to and evaluate how they are represented on third-party delivery platforms to prevent brand reputational damage issues that may arise.
