Federal Labor And Employment Law Update For September 5 2025

Bonisiwe Shabane
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federal labor and employment law update for september 5 2025

Congress: We’re Back, Baby! The U.S. Congress is back in Washington, D.C., this week after its annual August recess. As they return, Republican senators are exploring options to tinker with U.S. Senate procedures to allow them to more quickly advance President Donald Trump’s nominees. Indeed, we are still awaiting Senate-confirmed positions at the National Labor Relations Board (NLRB), U.S.

Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA), Wage and Hour Division (WHD), and Employee Benefits Security Administration (EBSA), among others. But chief among our legislators’ priorities in the coming weeks will be funding the federal government beyond its current September 30, 2025, deadline (an evergreen issue both on Capitol Hill and, consequently, here at... In addition to the challenging politics of such an endeavor, Congress is scheduled to be out the week beginning September 22, giving lawmakers only twelve legislative days to work. In light of all this, a continuing resolution to extend current funding until a later date is the most likely solution to avoid a shutdown. Regulatory Agenda Released. After an inadvertent leak a few weeks ago, on September 4, 2025, the Trump administration released the Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions.

The agenda provides a roadmap of federal agency rulemaking activities for the next six months. Below are some key labor/employment-related items. Neither the EEOC nor the NLRB included submissions in the agenda. Treasury Issues ‘No Tax on Tips’ Guidance. While President Trump’s “no tax on tips” promise was enacted as part of the One Big Beautiful Bill Act, there has been a lot of uncertainty regarding who may qualify for relief under the... Pursuant to the act, workers may deduct up to $25,000 in tips from their income per year through 2028 when such tips are “received by an individual in an occupation which customarily and regularly...

Department of the Treasury released a preliminary list of occupations that will qualify for the deduction, noting that formal regulations are still to come, but that such regulations “will be substantially the same as... Mahoney, Stephen Kenney, and Zachary V. Zagger have the details. US employers continue to see new developments at the federal and state level. We highlight some developments in select jurisdictions below. 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). As a result, the EEOC has a quorum and can engage in formal rulemaking in support of the Administration’s goals, adopt or revoke prior guidance and take other actions that require the approval of... On October 20, 2025, the U.S. Citizenship and Immigration Services issued an alert with updated guidance on the applicability of the new USD100,000 H-1B fee implemented under the recent presidential proclamation restricting entry of certain H-1B visa holders. Governor Gavin Newsom signed laws addressing a wide range of employment issues, including wage theft, workplace rights, personnel records, equal pay, pay reporting, protections for victims of violence, paid family leave, reductions in force,... These laws take effect soon and will impose new obligations on employers in the state.

Read more here. Delaware became the latest state to enact a pay transparency law. Starting in September 2027, H.B. 105 will require covered employers to include certain compensation and benefit information in internal and external job postings (with certain exemptions). In addition, if a job posting has not been made available to an applicant, the employer must provide the hourly or salary compensation range and a general description of the benefits and other compensation... Employers also are required to maintain records relating to job descriptions and wage rates for at least three years.

Please contact an attorney at Jackson Lewis if you have any questions about these developments. ©2025 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.

Prior results do not guarantee a similar outcome. Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged and stable, and share our clients’ goals to emphasize belonging and respect for the contributions of... For more information, visit https://www.jacksonlewis.com. As we enter fall, significant federal and state developments are reshaping the HR and employment law landscape. Below is a summary of key updates employers need to know.

On July 23, 2025, the House Committee on Education and the Workforce approved the Save Local Business Act, aimed at creating a clear and narrow joint employer (JE) standard under both the NLRA and... A business is a joint employer only if it exercises “direct, actual, immediate, and significant” control over another employer’s employees. Control must cover essential conditions like hiring, firing, wages/benefits, supervision, and scheduling. Below are the key state employment law changes that have occurred in September 2025. Employers should review these updates to ensure compliance with new leave rights, posting requirements, and employee protections across multiple states. When employers need assistance with workplace compliance, Sara is their first call.

She concentrates her practice on day-to-day employment counseling, immigration workplace enforcement, wage and hour issues, and workplace ... The EEOC’s Enforcement Guidance guidelines on harassment in the Workplace were issued on April 29, 2024. In the guidance, the EEOC presents a legal analysis of standards for harassment and employer liability applicable to claims of harassment under the EEO statutes enforced by the Commission. The guidance sets forth the EEOC’s position on its definition of “protected characteristics” and identifies workplace behaviors that rise to the level of harassment. These include prohibitions on work-related harassment based on race, color, religion, sex (including pregnancy, childbirth, or related medical conditions; sexual orientation; and gender identity), national origin, disability, genetic information, and age (40 or over). Most of the guidance addresses and delves into topics that are most relevant to the modern workforce.

The guidelines provide 77 specific fact patterns as examples of what constitutes unlawful harassment in the workplace. The examples range from common scenarios involving coworker sexual advances at holiday parties to comments regarding an employee’s natural hair. While these guidelines are not binding, and the EEOC could expand or revise its guidance, employers should review and use the guidelines as a tool on how to address and prevent unlawful harassment claims... For a further summary of the EEOC’s Enforcement Guidance on Harassment in the Workplace please see the Dykema blog post summarizing the issue here. The Final Rule on Employee or Independent Contractor classification under the Fair Labor Standards Act (“FLSA”) has been in effect since March 11, 2024. The 2024 Department of Labor (“DOL”) rule rescinds the Independent Contractor Status under the FLSA Rule that was published January 7, 2021, and replaces it with a six-factor “economic realities” test that considers: (1)...

In 2025, U.S. labor laws are undergoing significant changes under President Donald Trump’s second term, which began on January 20, 2025. The administration’s focus on deregulation aims to reduce costs for businesses, but it has sparked concerns about eroding protections for workers. Key areas of change include minimum wage, child labor, union rights, and immigration policies affecting the labor market. While some view these changes as necessary to boost economic competitiveness, others worry they may lead to reduced wages, unsafe working conditions, and exploitation, particularly for vulnerable groups like young workers and immigrants. This report provides a detailed examination of the current state of U.S.

labor laws, changes introduced in 2025, and their implications for employers and workers. The U.S. Department of Labor (DOL) administers over 180 federal laws, covering approximately 165 million workers and 11 million workplaces. Key statutes include: These laws form the backbone of worker protections, but recent changes under the Trump administration are reshaping their application. The Trump administration’s labor policy in 2025 is characterized by a strong push for deregulation, as outlined in several executive orders and legislative actions.

Below are the key changes: Summary of September 2025 Labor Law Updates for Portland, Oregon This monthly update highlights key legislative changes, administrative developments, and court rulings from Oregon in September 2025 that affect employment and labor law. It is intended for employees, HR professionals, compliance leaders, and employers and is brought to you by Summary of September 2025 Labor Law Updates for Phoenix, Arizona This monthly roundup presents the most notable labor and employment news in Arizona for September 2025, geared toward employees, HR professionals, and compliance stakeholders. Brought to you by HKM Employment Attorneys’ Arizona team. September 2025 was more of a legislative

Summary of September 2025 Labor Law Updates for Philadelphia, Pennsylvania This monthly roundup highlights the latest labor and employment developments in Pennsylvania for September 2025. It’s intended for HR professionals, employment counsel, compliance officers, and workers. Though September 2025 lacked blockbuster labor or discrimination decisions in Pennsylvania, the state remains

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