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Policy Week in Review – August 1, 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.
The Littler WPI Policy Week in Review will pause for the August congressional recess and will return after Labor Day.
Hiring Slowed to 73,000 Jobs in July
Employment increased by 73,000 jobs in July according to the latest data from the U.S. Bureau of Labor Statistics. The unemployment rate remains at 4.2 percent. The data reveals employment increases in health care and social assistance, with continued federal government job losses. Some economists suggest the labor market slowdown is due to the administration’s evolving changes in trade policies and new tariffs.
Senate Confirms EEOC Acting Chair Andrea Lucas for Second Term
The Senate voted 52-45 to confirm the Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas to a second term. The White House nomination of Brittany Panuccio, currently an assistant U.S. attorney in Florida, to serve as an EEOC commissioner has advanced to the Senate floor for consideration as she was approved by the Senate HELP Committee on July 24. If she is confirmed, the agency will have the requisite 3-member quorum, with a 2-1 Republican majority, to file lawsuits and make policy changes.
Chair Walberg Urges DOL to Rescind Mining Silica Dust Rule
House Committee on Education and Workforce Chair Tim Walberg (R-MI) wrote a letter on July 29 to the U.S. Department of Labor’s (DOL) Mine Safety and Health Administration (MSHA) recommending the agency consider rescinding the previous administration’s MSHA 2024 rule that set new respiratory protection standards, while ignoring controls already in place to protect miners’ health and safety set by OSHA, which he asserts resulted in undue and excessive regulatory burdens on the mining industry.
DOL Issues Guidance Regarding Home Care Providers
On July 25, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued guidance to address a change in enforcement action in the home care industry pending the final version of the Department’s July 2, 2025 proposed rule to rescind current regulations issued in 2013, which restricted the definition of “companionship services” and prevented employers from claiming exemptions. Specifically, the guidance instructs WHD field staff to immediately suspend enforcement actions begun under the 2013 rule until a final rule is issued. In an effort to increase access to home care and clarify employer obligations, the Department’s proposal seeks to reinstate the companionship services exemption, which covers certain home care workers, from federal minimum wage and overtime rules. The public comment period closes September 2, 2025.
DOL Brings Back PAID Program
The U.S. Department of Labor announced on July 24, 2025, the return of its Payroll Audit Independent Determination (PAID) program. The program was initially launched in April 2018 to facilitate early resolution of Fair Labor Standards Act compliance issues, but it was discontinued in January 2021 after a change in administration. The new version of the PAID program will include some additional requirements compared to the prior program, and it will be expanded to include opportunities to resolve potential violations of the Family and Medical Leave Act. For further analysis, read here.
Presidential Order Aims to Bring Stability to Intercollegiate Sports
On July 24, President Trump issued an executive order entitled, “Saving College Sports.” The order includes several policy statements and directives with the stated purpose being to provide for the fair treatment of college athletes, including students who participate in women’s and Olympic sports, while allowing the schools and conferences to maintain reasonable rules without the threat of continued litigation. For further analysis, read here.