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Policy Week in Review – March 28, 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, as well as Littler’s published in-depth analyses of the prior week.
Congressional Hearing Held on the Future of Wage Laws
On March 25, the House Workforce Protections Subcommittee, chaired by Rep. Ryan Mackenzie (R-PA), held a hearing on “The Future of Wage Laws: Assessing the FLSA’s Effectiveness, Challenges, and Opportunities” to examine reforms needed to modernize the Fair Labor Standards Act. Chair Mackenzie addressed many reforms needed to modernize the FLSA, including changes to the methodology for overtime regular rate calculations, the definition of compensable time, and how employee status and independent contractor status should be clearly defined under the common law standard. Read here for additional information and a recap of the hearing.
New OFCCP Director Appointed
On March 24, 2025, the U.S. Department of Labor announced Catherine Eschbach as the new director of the Office of Federal Contract Compliance Programs (OFCCP). The director’s appointment comes two months after President Trump rescinded Executive Order 11246 with Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” For further Littler analysis, read here.
Management-Side Attorney Nominated for NLRB General Counsel
President Trump officially nominated Crystal S. Carey, a management-side labor relations attorney in private practice, for NLRB general counsel. According to her bio, Carey is a former NLRB attorney with experience on both the general counsel and Board sides of the agency. If confirmed, it is expected that Carey will work to reverse the initiatives of former General Counsel Abruzzo and reinstate the policies and actions set forth during the first Trump administration. Her nomination has been referred to the Senate HELP Committee for review. The Board currently has a 2-1 Democratic majority given the reinstatement of Member Gwynne Wilcox; however, President Trump has the opportunity to nominate two new Board members, which would swing the pendulum back to the Republican majority.
Tipped Employee Legislation Reintroduced
Representative Steve Womack (R-AR) reintroduced the Tipped Employee Protection Act of 2025, which seeks to amend the Fair Labor Standards Act to clarify the definition of tipped employee; restrict arbitrary limits or requirements in classifying the hours or duties that a tipped employee performs; and preserve the tip credit under the FLSA.
