2025 Fourth Quarter Wrap-up of Labor & Employment Laws and Regulations

Due to the change in administration, the federal government has shifted its approach to labor and employment regulations, with different interpretations of existing laws and regulations, and no new regulations. The states, however, have varied in their approach. Some states that have always been active in labor and employment regulation have continued and perhaps escalated their approach, while others have continued their minimal regulation path. 

A quiet but very notable development has occurred at the federal level among organizations long viewed as nonpolitical. The Trump administration has fired members of boards, commissions, and agencies who were appointed by the Biden administration in order to replace them with political appointees. The legality of these firings was challenged in the federal courts. While the litigation has not gone through all possible appeals, a federal appellate court has ruled that the administration was within its rights to fire these members before the end of their appointed term. This now means that with every new administration, the members of these bodies will likely be fired and replaced. Because the new appointments will generally take some time while the candidates are confirmed by the Senate, it will leave the various boards and commissions unable to perform any business other than routine administrative work for many months, until the new members are seated. 

The Alliance anticipates that 2026 will reveal an evolving labor and employment regulatory landscape. Until then, below is a year-end wrap-up of what’s happening in the federal and state governments.  

Workforce Statistics 

The United States jobs report was delayed due to the government shutdown in October and November. The new data, released on December 16, 2025, shows an uptick in the unemployment rate to 4.6%, the highest it has been in four years. The nonfarm jobs added in the U.S. was 64,000, which was below expectations of economists and employment experts. What this means for printing companies is that there may be more candidates who apply for open positions, and filling positions may be slightly less difficult. 

The National Labor Relations Board (NLRB / Board) 

NLRB hears cases from all over the country that involve the National Labor Relations Act (NLRA). While most cases are resolved at lower regional levels before they reach the NLRB, the cases that are considered the most impactful and important to interpret the NLRA go to the Board.  

For the entirety of 2025, the NLRB has not had a quorum, and the Board has not heard cases. A quorum may be achieved before the end of the legislative session, as three members are part of a large group of nominees across the federal government who will be voted upon by the Senate in an “en bloc” vote – submitted all at once for a single vote to approve the entire slate of nominees, thereby saving an enormous amount of time from the traditional voting on each candidate individually. Three nominees for the NLRB will be part of the en bloc vote – Scott Mayer and James Murphy, both as Board members, and Crystal Carey as the General Counsel. 

Once approved, the quorum will be held by three Board members appointed by President Trump. They will likely have a pro-business approach when considering the cases that will be selected for their review and when they are deciding the issues in the cases. 

Equal Employment Opportunity Commission (EEOC) 

The EEOC also did not have a quorum for most of 2025, but in October, a quorum was achieved. The acting chairperson, Andrea Lucas, was made the “permanent” chairperson, and Kalpana Kotagal and Brittany Bull Panuccio were confirmed as commissioners in September and October, respectively. 

The EEOC will now be able to make decisions about investigative priorities and task forces, and most importantly, interpretation of the civil rights laws and regulations that cover employment and fall under the Commission’s jurisdiction.  

For instance, in March, even without a quorum, the Department of Justice and the EEOC issued a press release to warn employers that they would be pursuing discrimination claims that arose out of corporate diversity, equity and inclusion (DEI) policies. The EEOC followed up with guidance it issued in April that said corporate DEI initiatives may be unlawful if employment actions were motivated in whole or in part by a person’s race, sex, or other protected characteristic. This was a complete policy shift from the approach that the Commission had for many years prior to the new Trump administration taking office.  

While the data is not clear, it appears that the EEOC is following up with their warning and increasing the number of investigations of DEI programs by private employers. 

Senate Actions 

In November, Senate Republicans who are allies of the President created a package of bills addressing union organizing and elections. These bills would make it harder for a union to organize and win elections and would make it easier for employers to challenge the union organizing activity. Some of the bills directly conflict with legislation that Senator Josh Hawley, also a Republican, had previously introduced. The likelihood that the bills will survive is unclear, but the message they send is very clear,  – the Trump administration is employer friendly and will be trying to make it harder for unions to organize in 2026 and beyond. 

Department of Labor 

The truly helpful bit of information that has come from the Department of Labor’s Wage and Hour Division provides clarity about how to calculate overtime hours when assessing the time available for intermittent use pursuant to the federal Family & Medical Leave Act (FMLA).  

Intermittent FMLA means that the 12 weeks that the statute offers are converted into hours for those who take the leave in segments. This might be due to a medical or chemotherapy schedule that means an employee takes a couple days off each time they receive treatment, or similarly, for the care of a family member that is shared with others, so it is not an everyday occurrence.  

When an employee works regular and mandatory overtime, those hours are included in the FMLA calculations. For instance, if a 40-hour a week employee also regularly works 5 hours each week in mandatory overtime, those extra five overtime hours are included. Which means 5 x 12 (weeks) = 60 hours. In the calculation, then, the employee would receive an additional 60 hours in addition to the 40 x 12 (weeks) = 480 hours they are entitled to. This would give the employee a total of 540 hours of intermittent FMLA leave. 

State Pay Transparency is Proliferating 

Regulations requiring some form of pay transparency are in place in 15 states and 8 cities in the U.S. Pay transparency is proposed in 10 more states, so far. This means that employers need to be compliant if they are in a pay transparency jurisdiction, or they need to prepare for pay transparency laws to eventually be passed in their jurisdiction. The states and localities with pay transparency laws are: 

Notable State Actions 

While the states are very active with regulatory activity, the labor and employment actions that affect printing companies are relatively in check. The following are some recent notable actions: 

California 

The state has extended its Family & Medical Leave to include “designated persons” who may not legally be family members, but who are effectively family members. This would include children that are living in the household, but the employee is not the legal guardian of the children. This would also include older people in the home who are not technically family, but who are living as though they were family members. This also includes unmarried partners in the household. 

Illinois 

Illinois has passed a Neonatal Intensive Care Unit Act (NICU Act) that provides extra time off for employees who have a child that is in a NICU. While unpaid, the extra time is protected, and employees cannot be terminated for using it. It does not apply to employers with 15 or fewer employees. For those with 16-50 employees, the NICU Act provides 10 days of protected leave. For employers with more than 50 employees, the NICU Act provides 20 days of protected leave. 

Conclusion 

The change in presidential administrations and shift of political power from the Democrats to the Republicans has created significant changes in federal labor and employment policy. While 2025 was exceptionally busy, 2026 will likely be similarly active because both the NLRB and the EEOC have quorums and will,  – for the first time in the new administration,  – be able to make significant policy and enforcement decisions. The Alliance will be vigilant in monitoring  federal and state government activity and keep members informed of laws and regulations that affect them. 

In this article Adriane Harrison, VP of Human Relations Consulting, PRINTING United Alliance, provides an update on recent labor and employment related actions. Adriane also provides information about labor and employment laws and regulations at the Center for Human Resources Support or reach out to Adriane directly if you have additional questions specific to HR issues that may affect your business at: aharrison@printing.org.    
  
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.