Beltway Buzz, October 10, 2025

Shutdown Continues; Federal Courts Update. As of this writing, today is the tenth day of the current federal government shutdown. Republicans and Democrats remain dug into their positions and have made little to no progress in reaching an agreement. How does this end? Well, the longer the government remains closed, the more likely it is that Americans will begin to experience its negative impacts, which could pressure lawmakers to make a deal. For example, shutdown watchers are eyeing October 15, 2025, as a potential inflection point in the current impasse. That is payday for our military, but unless the government reopens, approximately 1.3 million active-duty service members and thousands of National Guard members will forgo a paycheck.

As for the shutdown’s impact on employers, the federal courts have issued further guidance on how their operations will be affected. According to an October 1, 2025, announcement, federal courts will remain open and functioning through October 17, 2025, “by using court fee balances and other funds not dependent on a new appropriation.” This means all proceedings and deadlines will proceed as normal—including the availability of the Case Management/Electronic Case File system—with the caveat that hearings and deadlines might be rescheduled “in cases where an attorney from an executive branch agency is not working because of the shutdown.”

Key Labor and Employment Agency Nominees Confirmed. On October 7, 2025, on a party-line 51–47 vote, the U.S. Senate confirmed an en banc group of 107 nominees to fill roles as ambassadors, U.S. attorneys, and federal agency officials. The following officials were confirmed to labor- and employment–related positions.

• Jonathan Berry, solicitor of labor. Berry served in the U.S. Department of Labor (DOL) during President Donald Trump’s first administration. This time around, he will be the DOL’s top attorney.
• Janet Dhillon, director, Pension Benefit Guaranty Corporation (PBGC). Dhillon previously served as chair of the U.S. Equal Employment Opportunity Commission (EEOC) and has been serving as principal deputy assistant secretary at the DOL’s Employee Benefits Security Administration (EBSA).
• Julie Hocker, assistant secretary of labor, Office of Disability Employment Policy.
• David Keeling, assistant secretary of labor, Occupational Safety and Health Administration (OSHA).
• Brittany Bull Panuccio, Commissioner, EEOC. Panuccio’s confirmation will usher in a Republican majority and functioning quorum at the Commission for the first time during this administration. T. Scott Kelly, James J. Plunkett, and Nonnie L. Shivers explore what this means for employers here.
• Andrew Rogers, administrator, Wage and Hour Division (WHD). Rogers previously served at both the EEOC and the DOL. James J. Plunkett and Leah J. Shepherd discuss the impacts that he may have on WHD’s regulatory and enforcement agendas here.
• Wayne Palmer, assistant secretary of labor for mine safety and health.
• Marco Rajkovich will serve a second term on the Federal Mine Safety and Health Review Commission.
• Jonathan Snare, member, Occupational Safety and Health Review Commission. Snare is a DOL veteran and currently serves as deputy solicitor of labor.

Former OFCCP Director Lands at EEOC. In other personnel moves, Catherine Eschbach was sworn in as principal deputy general counsel of the EEOC. Most recently, Eschbach served as the director of what remains of the Office of Federal Contract Compliance Programs (OFCCP). With EEOC Acting General Counsel Andrew Rogers moving to DOL, Eschbach will be charged with pushing forward the EEOC—and the administration’s—enforcement agenda. More details here.

Lawsuit Challenges Legal Basis for President’s H-1B Proclamation. A recent lawsuit filed in the U.S. District Court for the Northern District of California challenges the September 19, 2025, presidential proclamation denying processing of H-1B petitions and the entry into the United States by H-1B visa holders unless accompanied by a payment of $100,000. In part, the lawsuit alleges that the proclamation is unlawful because it “conflicts with and supplants the structure Congress has established for approval and entry into the United States of H-1B visa recipients, including the fee structure for adjudication services in general and for the H-1B visa program in particular.” The lawsuit further reminds the court of the potential negative impacts that the proposal could have, not just for the technology industry, but also for employers’ ability to fill positions at religious institutions, and in education and healthcare as well.

DOL Opines on Joint Employment. On September 30, 2025, the Wage and Hour Division issued multiple opinion letters responding to how the Fair Labor Standards Act (FLSA) applies to four separate fact-specific situations. One letter addressed a seemingly evergreen topic here at the Buzz: joint employment. Specifically, WHD Opinion Letter FLSA2025-05 concluded that a worker is jointly employed by a restaurant and a members-only club that are located in a hotel. Accordingly, the letter concludes that the worker is entitled to combine her hours worked at both the restaurant and club for purposes of overtime eligibility under the FLSA. Charles E. McDonald, III and Leah J. Shepherd have the details on how this letter could foreshadow a forthcoming DOL regulation on joint employment under the FLSA.

Senate Committee Advances Nominees, Explores Labor Reform Options. The Senate Committee on Health, Education, Labor and Pensions (HELP) had a busy week:

• On October 9, 2025, the HELP Committee advanced the nominations of Crystal Carey to be general counsel of the National Labor Relations Board (NLRB) and James Murphy to be a member of the Board. The next stop for Carey and Murphy is a confirmation vote by the full U.S. Senate.
• On November 8, 2025, the HELP Committee held a hearing, titled, “Labor Law Reform Part 1: Diagnosing the Issues, Exploring Current Proposals.” Among other topics, witnesses focused on Senator Josh Hawley’s (R-MO) Faster Labor Contracts Act (which would allow the federal government to set contract terms for employers and unions) as well as his Warehouse Worker Protection Act (which would, in part, revive OSHA’s failed ergonomic standard).

Remembering Lawmaker and Sport Pioneer, Joel Pritchard. On October 9, 1997, former Republican Congressman Joel McFee Pritchard passed away at the age of 72. A U.S. Army veteran who served in World War II, Pritchard represented Washington State’s First Congressional District from 1973 to 1985. Although he passed away nearly thirty years ago, Pritchard’s legacy continues to grow today. This is because Pritchard is credited with inventing pickleball with two of his friends while vacationing at his summer home on Bainbridge Island, Washington, in 1965. Pritchard’s legacy came full circle just several weeks ago, as the inaugural Congressional Pickleball Match was held on September 18, 2025, on the National Mall.