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 and Administrative News

EEOC and DOJ Issue Technical Assistance on DEI

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC), in conjunction with the U.S. Department of Justice (DOJ), issued two “technical assistance” documents “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” Unlike guidance documents, which must be approved by a majority vote of the Commission (which, with only two sitting members, currently lacks a quorum), a technical assistance document, which does not adopt new policy but applies existing policy to different sets of facts, can be issued unilaterally by the agency’s head. The first document, “What To Do If You Experience Discrimination Related to DEI at Work,” was issued jointly by the EEOC and the DOJ. A second, longer document, “What You Should Know About DEI-Related Discrimination at Work,” is presented in a question-and-answer format and was released by the EEOC. For further information, read our analysis here.

President Trump Expected to Nominate Management-Side Attorney for NLRB General Counsel

As widely reported this week, President Trump is expected to nominate Crystal S. Carey, a management-side labor relations attorney, as the National Labor Relations Board 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. 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. The timing of her official nomination is unknown. 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.

House Education and Workforce Committee Chair Walberg Outlines Priorities

In a letter to Labor Secretary Lori Chavez-DeRemer, Chair Walberg, on behalf of the Committee on Education and Workforce, highlights the Committee’s policy priorities and ongoing oversight matters. Chair Walberg requests the secretary to rescind or withdraw several Biden-era “burdensome” regulations, including those governing overtime, independent contractors, tip regulations, worker walkaround representation, heat injury and illness prevention, among others. Additionally, Chair Walberg encourages the DOL to provide “robust compliance assistance to workers and businesses instead of continuing the enforcement-only approach taken by the Biden-Harris administration.”

President Trump Decreases Minimum Wage for Federal Contractors

On March 14, 2025, President Trump issued an executive order ending the obligation to pay individuals working on or in connection with certain federal contracts or subcontracts a minimum wage currently set at $17.75 per hour. In particular, Trump has rescinded 18 Biden executive orders, including Biden’s Executive Order 14026 that had increased the federal contractor minimum wage. For further information, read our analysis here.

Weekly Labor and Employment News

Fourth Circuit Stays Enforcement of Injunction on IE&D Executive Orders

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit stayed enforcement of the preliminary injunction issued by a Maryland district court judge barring the Trump administration from proceeding with several elements of Trump’s executive orders regarding DEI or DEIA.

The three-judge appellate panel issued a short order finding without discussion that the government had satisfied the factors for a stay as set forth by the U.S. Supreme Court. The basis for the decision appears to be a disagreement with the lower court’s determination that the plaintiffs are likely to prevail on the merits. The three judges seemed to agree that actions taken by the federal agencies pursuant to the executive orders could prove to be unconstitutional but that the orders, on their face, are not unconstitutional. Although all three judges agreed to the stay, each wrote a separate concurring opinion.

Executive Order Tracker (Updated as of March 20, 2025)

Littler's Executive Order Tracker is your go-to resource for staying updated on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing summaries to help you understand the changes and the implications to your business. Only those orders that impact compliance with labor and employment directives are identified with a topic. In the first 100 days, the Trump administration is also rescinding executive orders issued by previous administrations and those are available here.

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Last week attorneys for Creative Actors Agency, Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral argument was recorded and can be found here.

Upcoming Littler Events

March 25

Coast-to-Coast Pay Transparency Laws

Webinar – From coast to coast, states (and even some cities) have begun to implement pay transparency policies. While this employment law trend has noble objectives, including improving pay equity and employee trust, it also presents employers with new compliance pitfalls.

When implementing pay transparency policies, organizations must consider potential ramifications, audit pay rates for existing positions, establish pay ranges and understand market rates for positions. As jurisdictions continue to pass new legislation, organizations must prepare for these changes, especially those operating in multiple states.

This 60-minute webinar with Littler attorneys Kelly Cardin and Joy Rosenquist includes an overview of wage transparency and insights on how companies can navigate this topic. Additionally, Stephanie Zielinski from ComplianceHR will walk you through PolicySmart™ and the Reference Center, solutions designed to simplify the complexity of employment law.

Time:
9:00 - 10:00 a.m. PT
10:00 - 11:00 a.m. MT
11:00 a.m. - 12:00 p.m. CT
12:00 - 1:00 p.m. ET

March 26

Maximizing Revenue/Minimizing Risk: A Private Equity Guide to Portfolio Management

Webinar – Private equity and venture capital firms must balance their desire for control and management of their portfolio companies against joint employer and other upstream liability that their engagement could create. In this panel, attorneys will discuss best practices for how to achieve this balance in the context of cleaning up problems discovered in due diligence after closing, restructuring, shared services arrangements, board oversight of management crises, and other areas.

Time:
10:00 - 11:00 a.m. PT
11:00 a.m. - 12:00 p.m. MT
12:00 - 1:00 p.m. CT
1:00 - 2:00 p.m. ET

What Every American or Global Employer Needs To Know About Doing Business in Canada

Webinar – Canada offers significant opportunities for U.S. and global businesses looking to expand or enter the market, but there are key human resources differences and risks compared to the U.S. and other global regions. This conversation will highlight important issues under Canadian labor laws, including union elections and employer free speech, different legal landscapes from province to province, the lack of at-will employment and the costs (and ways to mitigate the risk) of severance pay. It will also address compliance and legislative obligations and alternative arrangements for small workforces, such as using independent contractors or a PEO/EOR. Employers will gain insights to navigate these challenges and set their business up for success in Canada.

Time:
8:00 - 9:00 a.m. PT
9:00 - 10:00 a.m. MT
10:00 - 11:00 a.m. CT
11:00 a.m. - 12:00 p.m. ET

March 27

Advancing Workplace Equality & Safety

Virtual Conference – The attorneys of Littler's Puerto Rico office are hosting a virtual employment law seminar in honor of Women's History Month, where we will explore the latest legal developments on workplace violence, sexual harassment, workplace harassment, domestic violence protocol, equal pay, and anti-discrimination statutes. Many of the applicable statutes require employee training—this seminar provides a valuable opportunity to meet those requirements while deepening your understanding of critical workplace protections.

100% of the proceeds from the seminar will benefit Kilómetros de Cambio, a powerful initiative uniting 53 women (including Capital Member Shiara Diloné) in a non-stop relay race around Puerto Rico to raise awareness about domestic violence. Beyond the race, this project directly supports the shelters that provide life-saving assistance to domestic violence survivors as well as a specialized shelter that houses children who have been victims of sexual violence. So, by attending this virtual seminar, you're not only investing in your professional growth—you're helping to build a future where every woman and child can live free from fear and violence.

Time:
7:00 - 9:00 a.m. PT
8:00 - 10:00 a.m. MT
9:00 - 11:00 a.m. CT
10:00 a.m. - 12:00 p.m. ET

Registration Fee:
$50 - 100% of proceeds from the seminar will benefit Kilómetros de Cambio.

Court to Courtroom: Mastering Workplace Investigations

Webinar – As the excitement of March Madness sweeps the nation, it's time to bring that same energy and strategy to your workplace investigations. Just like a championship team, conducting thorough and impartial investigations is crucial to staying ahead in today's litigious environment. Effective investigations help protect employees' rights, maintain a positive work environment, and prevent potential legal issues.

However, conducting workplace investigations comes with its own set of challenges. Investigators often face difficulties such as maintaining impartiality, dealing with uncooperative witnesses, handling sensitive information, and ensuring confidentiality. Navigating these complexities requires skill and diligence.

This 60-minute webinar with Littler attorneys Natalie Storch, Lauren Robertson, and Mikayla Almeida will offer game-changing tips to overcome these obstacles. Plus, Stephanie Zielinski from ComplianceHR will introduce PolicySmart™ and the Reference Center, your ultimate playbook for proactive compliance.

This is your chance to make sure your investigation skills are no “fouls" just “slam dunks." Remember, “the road to the Final Four is never easy" – but with the right investigations playbook, you can come out on top!

Time:
10:00 - 11:00 a.m. PT
11:00 a.m. - 12:00 p.m. MT
12:00 - 1:00 p.m. CT
1:00 - 2:00 p.m. ET

Navigating Change in the New Administration: Insights for In-House Counsel and HR Professionals

Live Event – As we navigate this pivotal transition in our nation's governance, Littler attorneys present this exclusive discussion tailored for in-house counsel and human resources professionals. This complimentary, invite-only event will focus on the new administration's first 100 days and the significant changes and challenges for employers.

The discussion will focus on the following areas:

• Diversity initiatives and the impact of executive orders and agency enforcement actions
• Traditional labor and the NLRB
• Wage and hour law and the U.S. Department of Labor
• The state of noncompete agreements

In addition to sharing their insight, the speakers will answer questions you have about what's on the horizon. Secure your spot now to prepare your organization for the evolving regulatory landscape.

This program is offered as an in-person event and will not be livestreamed or recorded.

Registration: 3:00 - 3:30 p.m.
Program: 3:30 - 5:00 p.m.
Cocktail Reception: 5:00 p.m.