Policy Week in Review – September 11, 2026

House Subcommittee to Hold Oversight Hearing on Union Political Activities 

The House Subcommittee on Health, Employment, Labor, and Pensions, chaired by Rep. Rick Allen (R-GA), will hold a hearing titled, “Out of Touch: When Union Politics Leave Workers Behind,” on Tuesday, September 15 at 10:15 a.m. ET. You can watch the hearing here. 

Teamsters Endorse Republican Senator Roger Marshall (KS) for Re-election

In a press release issued on September 8, the International Brotherhood of Teamsters Local 696 announced its endorsement of Senator Roger Marshall (R-KS) for re-election to the U.S. Senate. The release characterizes Marshall as a “Pro-Labor Candidate” and notes his co-sponsorship of pro-labor legislation. Most notably, Marshall is a co-sponsor of the controversial “Faster Labor Contracts Act,” which would impose mandatory binding arbitration to speed up first union contracts, as well as the “Warehouse Worker Protection Act,” which would not only hold employers responsible for injuries that happen outside of the workplace, but would resurrect an ergonomics standard previously invalidated by the Congressional Review Act, among other provisions. Senator Marshall, who is a member of the Senate Committee on Health, Education, Labor, and Pensions (HELP), may be next in line to chair the Committee given Chair Cassidy’s departure from the Senate at the end of the year. 

U.S. DOL’s Wage and Hour Division Issues New Opinion Letters 

On Labor Day, the Department of Labor’s Wage and Hour Division announced three new opinion letters, as listed below, to provide compliance assistance to the regulated community regarding the application of the Fair Labor Standards Act to specific workplace situations.  

• FLSA2026-11: Whether an uncompensated 60-minute lunch break, during which employees spend 6 to 14 minutes walking to and from the employer’s designated break area, constitutes a bona fide meal period. For Littler’s analysis, read here.
• FLSA2026-12: Whether FLSA-exempt employees of a nonprofit organization may volunteer, outside of their normal work hours, to perform services for their employing organization.
• FLSA2026-13: Whether the FLSA allows restaurant supervisors who also work as bartenders to keep a portion of other employees’ tips and the extent to which they may participate in a tip pool. 

Reported EEOC Procedural Changes May Shorten Employer Response Times

Employers responding to discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) may soon face significantly shorter deadlines, according to reports of an upcoming nationwide procedural change. While the agency has not yet publicly released the policy, the expected changes could dramatically affect how employers and counsel respond to EEOC investigations. For Littler’s analysis, read here.

NLRB Appoints Five New ALJs

On September 8, the NLRB announced the appointment of five new administrative law judges (ALJs) to the Division of Judges, bringing the agency’s total to 30 judges.