Policy Week in Review – July 25, 2025

NLRB Acting General Cowen Issues Guidance on Union Salts 

In a memorandum dated July 24, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued guidance to all regional directors, officers-in-charge, and resident officers for investigating salting cases. The memorandum defines salting as “the act of a trade union in sending a union member or members to an unorganized jobsite to obtain employment and then organize the employees.” When determining whether an applicant for employment in a salting case is entitled to protection under the National Labor Relations Act, the memorandum instructs the Regions take a number of detailed actions when investigating the legitimacy of claims, including, “asking whether the applicant recently refused similar employment with the employer; engaged in disruptive, insulting, or antagonistic behavior during the application process; followed the employer’s established procedures when applying; timely arrived for the interview(s); made follow-up inquiries regarding the application; had relevant work experience with other employers; or was actively seeking similar employment with other employers. 

Pending legislation, the “Start Applying Labor Transparency (SALT) Act,” introduced by Rep. Burgess Owens (R-UT), would address the coercive practice of union salting by amending the Labor-Management Reporting Disclosure Act (LMRDA) to require labor organizations to register their salts with the U.S. Department of Labor. Additionally, the House Education and Workforce Committee recently requested information on ways to improve the LMRDA.¹

DOL Brings Back Payroll Audit Independent Determination (PAID) Program 

The U.S. Department of Labor (DOL) 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 (FLSA) 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 (FMLA). For Littler’s analysis, please read here.

White House Unveils Artificial Intelligence Action Plan 

On Wednesday, the White House released “Winning the Race: America’s AI Action Plan,” which includes policy goals across three pillars – Pillar 1: Accelerate AI Innovation; Pillar 2: Build American AI Infrastructure; and Pillar III: Lead in International AI Diplomacy and Security. In the document’s preamble, President Trump states “Today, a new frontier of scientific discovery lies before us, defined by transformative technologies such as artificial intelligence… Breakthroughs in these fields have the potential to reshape the global balance of power, spark entirely new industries, and revolutionize the way we live and work. As our global competitors race to exploit these technologies, it is a national security imperative for the United States to achieve and maintain unquestioned and unchallenged global technological dominance. To secure our future, we must harness the full power of American innovation.” 

The plan recognizes the need to transform the American workforce to help workers navigate the transition, calling on federal agencies to prioritize AI literacy and skill development as a core objective of relevant education and workforce funding streams, including career and technical education, workforce training, apprenticeships, and other federally funded/supported skills initiatives.²

House Education and Workforce Committee Approves Legislation to Define Joint Employment and Empower Independent Workers and Student-Athletes

On Wednesday, the House Education and Workforce Committee voted to approve the “Save Local Business Act,” which would define a joint employer as one that shares direct, actual, and immediate control over employees with another employer; the “Modern Worker Empowerment Act,” which would amend federal labor laws to establish a clear test for determining whether a worker is classified as an independent contractor or employee; the “Modern Worker Security Act,” which would establish a federal safe harbor from certain worker misclassification claims for employers that voluntarily provide portable benefits to independent contractors; and the “SCORE Act,” which would protect the name, image, and likeness rights of student athletes and to promote fair competition with respect to intercollegiate athletics. 

Related, the White House on Thursday issued an executive order, titled “Saving College Sports,” seeking to protect and set guardrails around college sports, including NIL payments to student athletes. The order directs the U.S. Department of Labor and the National Labor Relations Board to clarify the legal status of student-athletes to “maximize the educational benefits and opportunities provided by higher education institutions through athletics”; set legal protections for college athletics from lawsuits; and safeguard the role collegiate athletics provide in developing athletes to represent the nation on the U.S. Olympic Team. 

Senate HELP Committee Approves Nominees 

On Thursday, the Senate Health, Education, Labor and Pensions (HELP) Committee voted to approve the following nominees: Brittany Panuccio to serve as a member, Equal Employment Opportunity Commission; David Castillo to serve as chief financial officer, Department of Labor; and Jonathan Snare to serve as a member, Occupational Safety and Health Review Commission. These nominees will now advance to the Senate floor for consideration.