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2 June 2026

Policy Week In Review – May 29, 2026

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Littler Mendelson

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With more than 1,800 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace.
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The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace.

EEOC Seeks to Rescind its 1979 Affirmative Action Rule

The Equal Employment Opportunity Commission (EEOC) submitted a proposal to the White House Office of Information and Regulatory Affairs (OIRA) to rescind the 1979 interpretive rule regarding “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964.” OIRA received the notice on May 27 where it is pending regulatory review. This follows the EEOC’s recent proposal to rescind its EEO-1 data collection, as previously reported. 

Congressional Democrats Seek to Increase Overtime Pay 

Senate HELP Committee Ranking Member Bernie Sanders (I-VT) and Representative Mark Takano (D-CA) introduced legislation titled, “Restoring Overtime Pay Act,” which would increase the overtime salary threshold from the current $35,568 to more than $89,000 by 2030. Read the fact sheet here. The introduction of this legislation comes on the heels of the Department of Labor’s formal rescission of the Biden-era 2024 regulation that would have raised the salary threshold to $58,656 by January 1, 2025 and included an automatic escalator clause to update the salary threshold every three years based on inflation. The rescission follows federal court rulings that had vacated the rule. 

ICYMI: House to Vote on Union-backed “Faster Labor Contracts Act” 

The House discharge petition filed by Representative Donald Norcross (D-NJ) reached the required 218 signatures to force a House floor vote on the union-backed “Faster Labor Contracts Act” (imposing binding interest arbitration). The vote is expected the week of June 8. The employer community is actively opposing the legislation in the House and Senate.

Upcoming Congressional Hearings

The House Subcommittee on Health, Employment, Labor and Pensions will hold a hearing titled, “Examining the Policies and Priorities of the NLRB,” on Thursday, June 4 at 10:15 a.m. 

The House Subcommittee on Higher Education and Workforce Development will hold a hearing titled, “Building an AI-Ready America” Higher Education in the Age of AI, on Wednesday, June 3 at 10:15 a.m. 

The House Committee on Education and Workforce Development will hold a field hearing in Memphis, TN on NCAA enforcement titled, “Calling the Fouls: Accountability and Transparency in NCAA Enforcement,” on Friday, June 12 at 9:00 a.m.

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