Why It Matters

Congress is returning to a compressed fall schedule with labor and employment policy moving on multiple fronts.

Congressional Democrats led by Sen. Patty Murray (D-WA), Rep. Bobby Scott (D-VA), and Rep. Jerry Nadler (D-NY) reintroduced the Restoring Justice for Workers Act (S. 5190), which would restrict mandatory pre-dispute arbitration agreements and class or collective action waivers in employment disputes. Manufacturers and construction companies are also among the employers affected by an updated Occupational Safety and Health Administration program targeting 55 industries with high risks of heat-related hazards.

Meanwhile, the Department of Homeland Security has proposed a $103,265 additional fee for cap-subject H-1B petitions, with comments due September 24. The Senate also confirmed James Macy and David Prouty to the National Labor Relations Board (NLRB) on August 7.

The Big Picture

The central dispute over worker rights centers on mandatory arbitration agreements that can prevent employees from pursuing employment-related claims collectively. The legislation would prohibit pre-dispute arbitration agreements and class or collective action waivers in employment disputes. The Senate bill has 16 cosponsors in addition to Murray. The Senate is not scheduled to return for legislative business until September 14, limiting the remaining time for floor action before the midterm elections.

The Occupational Safety and Health Administration (OSHA) identified 55 high-risk industries for heat-related hazards as of April 10, including industries involving manufacturing, construction, agriculture, warehousing, transportation, landscaping, and waste collection. The updated National Emphasis Program directs inspections and outreach toward workplaces with elevated heat risks and is scheduled to remain in effect for five years.

Manufacturing employers are also navigating a labor market with 580,000 seasonally adjusted job openings as of July, according to the Bureau of Labor Statistics. Job openings in durable goods manufacturing increased by 76,000 during the month.

The Bottom Line

The Department of Homeland Security has proposed a $103,265 additional fee for H-1B cap-subject petitions, including petitions eligible for the advanced degree exemption. Comments on the proposal are due September 24. DHS estimates the fee would generate approximately $8.8 billion annually based on a projected 85,000 cap-subject petitions.

Health care employers also remain under federal scrutiny over noncompete agreements. The Federal Trade Commission sent warning letters to several large health care employers and staffing companies in September 2025, urging them to review noncompete and other restrictive employment agreements for compliance with federal law.

The Senate confirmed James Macy and David Prouty to the NLRB on August 7 as part of a group of nominees approved by a 51-47 vote. Macy was confirmed to a term expiring August 27, 2030, while Prouty was confirmed to another term expiring August 27, 2031.

Spot something wrong? Report an issue with this article