Policy Week in Review – October 10, 2025

The EEOC Regains a Quorum 

On October 7, 2025, the U.S. Senate confirmed the nomination of Brittany Panuccio to be a commissioner of the Equal Employment Opportunity Commission (EEOC). Once she is sworn in and takes her seat, the EEOC will regain the requisite 3-member quorum, with a 2-1 republican majority, which will enable it to make new policy, revisit old policies and guidance, and take other significant actions. The additional members include Acting Chair Andrea Lucas, who was renominated and confirmed for a second term earlier this year, and Kalpana Kotagal, a democratic appointee, whose term expires in July 2027. The EEOC Acting General Counsel Andrew Rogers was just confirmed by the Senate to serve as the Department of Labor’s (DOL) Wage and Hour administrator. At this time, the White House has not officially nominated an individual to fill the general counsel role. For Littler’s insight as to what employers might expect from the agency going forward, please read here.

The Senate also confirmed key DOL nominees in this voting block, including: Andrew Rogers to serve as the DOL Wage and Hour Division administrator, as mentioned above; 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; and David Brian Castillo to serve as DOL’s chief financial officer. 

NLRB and DOL Nominees Advance

On October 9, 2025, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved, by a party-line vote of 12-11, nominees to the National Labor Relations Board (NLRB) and DOL, including: Crystal Carey to be the general counsel of the NLRB; James Murphy to be a member of the NLRB; Anthony D’Esposito to serve as the inspector general at the DOL; and Rosario Palmieri to be assistant secretary of Labor for policy at the DOL. These nominees will now advance to the Senate floor for a final vote at a later date. Notably absent from this tranche is the nomination of Scott Mayer to serve as a member of the NLRB. During the confirmation hearing on October 1, Senator Josh Hawley (R-MO) pressed Mayer over his company’s handling of a pending strike in the St. Louis area. Hawley’s vote is essential given the makeup of the Committee, which is 12 republican members to 11 democratic members.

Congressional Hearing on Labor Law Reform 

On October 8, 2025, the Senate HELP Committee held the first of a two-part hearing series on labor law reform. Witnesses included: Sean O’Brien, general president of the International Brotherhood of Teamsters; former National Labor Relation Board (NLRB) Chair Marvin Kaplan; Rachel Greszler, senior research fellow at the Heritage Foundation; Jennifer Abruzzo, former general counsel at the NLRB; and Steve Cochran, a skilled trades worker and co-chair of the Local 42 bargaining committee.  

In his opening remarks, Chair Cassidy stated, “Congress has not updated labor laws for nearly a hundred years, but clearly the workforce has changed. We need new labor laws. We need labor laws that work for workers, unions, and businesses, making the United States competitive in a 21st century economy. But blind adherence to decades-old status quo does a disservice to workers and families, and retreating to ideological corners is not the answer. The middle class is being squeezed. They need our help. We must listen to everyone as we attempt to move forward.”

A focal point of the hearing was Senator Hawley’s Faster Labor Contracts Act. While democratic witnesses largely praised the legislation, republican witnesses addressed its overreach. Former National Labor Relations Board Member Marvin Kaplan spoke about the serious concerns of putting the government in charge of determining the terms of the collective bargaining agreement and the serious constitutional questions that it raises. Kaplan stated, “And while I am not an expert in constitutional law, my time on the board in a number of cases only highlighted for me the care that we should take when we start embarking on things that could potentially raise constitutional or legal concerns in those areas.” Kaplan also confirmed there no mechanism under the legislation to give workers the opportunity to review or reject a contract that they do not want. 

To read witness testimony and watch a recording of the hearing, click here.

Senator Tim Scott (R-SC) Reintroduces Legislation to Modernize Labor Law 

Senator Tim Scott (R-SC) reintroduced the Employee Rights Act of 2025, which would modernize federal labor law to guarantee American workers the right to a secret ballot representation election; enable workers to opt in to union political spending on an annual basis, rather than be automatically forced to fund political activities they may personally oppose; provide legal clarity and preserve flexibility for independent workers by harmonizing existing statutes; alleviate the legal threat of shifting “joint employer” standards that threaten the franchise business model and stifle business growth; allow workers to opt out of union representation in right-to-work states; protect workers from harassing language during a unionization campaign; and more. Original cosponsors to the legislation include Senators Tommy Tuberville (R-AL), Kevin Cramer (R-ND), John Barrasso (R-WY), Cindy Hyde-Smith (R-MS), Mike Crapo (R-ID), James Risch (WI), and John Hoeven (R-ND). The House companion bill was introduced on June 26, 2026 by Chair Rick Allen (R-GA) of the House Subcommittee on Health, Employment, Labor, and Pensions. 

Business Groups Weigh in to Support National Labor Relations Board’s Challenge to New York Labor Law

A broad coalition of business associations filed an amicus brief supporting the NLRB’s challenge to New York Labor Law section 715. As recently amended, section 715 allows a state agency, the Public Employment Relations Board, to supervise union elections and resolve unfair labor practices in the private sector. The NLRB sued to block the law, arguing that it interferes with the NLRB’s exclusive jurisdiction. In the amicus brief, the coalition supported the NLRB’s position. It also pointed out the broader risks: if New York can create its own labor board, than so can every other state. The coalition included the National Independent Federation of Businesses Small Business Legal Center, the Associated Builders and Contractors, the Associated General Contractors of New York State, the New York Business Council, and the Chamber of Commerce of the United States. The coalition was represented by attorneys with Littler WPI.