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Policy Week in Review – September 5, 2025
At a Glance
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters.
Trump Administration Releases Spring Unified Agenda of Regulatory and Deregulatory Actions
On September 4, 2025, the administration released its long-awaited 2025 Spring Regulatory Agenda, which lists the aspirational regulatory goals of agencies across the federal government. Noteworthy actions at the Department of Labor include its intention to rescind the 2024 Independent Contractor Rule, which is subject to five separate pending legal challenges, and consider how to proceed with a proposed rule on the independent contractor classification issue under the Fair Labor Standards Act (FLSA). The Department is also considering a notice of proposed rulemaking to address joint employer liability under the FLSA in an effort to “promote greater uniformity among court decisions nationwide.” Notably absent from the agenda is the Department’s plan to consider changes to the “white collar” overtime exemptions, as multiple challenges to the Biden-era overtime rule remain pending. The Occupational Safety and Health Administration will further review public comments related to the Heat Injury and Illness Prevention proposed rule to “help the agency develop a final rule that adequately protects workers, is feasible for employers, and is based on the best available evidence.”
Treasury Department Releases “Preliminary List” of “No Tax on Tips” Occupations
The Treasury Department this week released a “preliminary list” of occupations that may be entitled to claim the “no tax on tips” deduction. As a reminder, the “One Big Beautiful Bill Act” (OBBBA) provides an above-the-line tax deduction for “qualified tips.” To qualify for the deduction, the tips must (among other conditions) be received by an individual engaged in an occupation that “customarily and regularly received tips” on or before December 31, 2024. The OBBBA requires the Treasury secretary to publish an official list of qualifying occupations by October 2, 2025. For further Littler analysis, read here.
Senate Republicans Consider Plan to Expedite Confirmation of Pending Nominees
Given the growing backlog of nominees, reports indicate that Senate Republicans are considering a legislative procedure, referred to as the “nuclear option,” which would allow a simple majority to change the Senate rules to allow the body to vote to confirm a group of nominees at the same time, rather than separate votes on each nominee. The rules change would apply to mid-level and lower-level agency nominations only, excluding Cabinet-level positions.
Pending Department of Labor nominees awaiting a floor vote include: Jonathan Berry to be solicitor; Andy Rogers to be administrator of the Wage and Hour Division; David Keeling to be assistant secretary of labor for the Occupational Safety and Health Administration; David Brian Castillo to be chief financial officer; Daniel Aronowitz to be an assistant secretary of labor for the Employee Benefits Security Administration; Wayne Palmer to lead the Mine Safety and Health Administration; Henry Mack III to be an assistant secretary of labor; Wayne Palmer to be assistant secretary of labor for Mine Safety and Health; and Julie Hocker to be an assistant secretary of labor.
