Labor & Employment Law Daily Wrap Up, HOUSE NEWS—Bills passed by Education & Workforce Committee seek to address ‘job-crushing regulatory blitz’, (Sep 18, 2025)
Organizations Mentioned:Employee Benefits Security Administration
By Patricia K. Ruiz, J.D.
Ranking Member Robert C. “Bobby” Scott (D-VA) argued that “nearly all the bills we are considering tilt the scales in favor of corporate interests at the expense of workers.”
At a markup meeting of the House Committee on Education and Workforce, the committee passed six bills authored by House Republicans. The bills would exclude business owned and operated by tribes on tribal land from National Labor Relations Act (NLRA) rules, require annual reporting from the Employee Benefits Security Administration (EBSA), and direct OSHA compliance assistance programs to provide incentives to employers to reduce workplace injuries and illnesses. The bills would also algin the Fair Labor Standards Act (FLSA) with the tax code by stating that direct sellers and real estate agents are independent contractors and would simplify the process for creating and maintaining Employee Stock Ownership Plans (ESOPs).
Proposed legislation. The committee passed the following bills:
Tribal Labor Sovereignty Act of 2025. Authored by Rep. John Moolenaar (R-MI), the Tribal Labor Sovereignty Act (H.R. 1723) would clarify that businesses owned and operated by tribes on tribal land follow tribal labor rules, not federal NLRA rules. The bill would give tribal governments the same say over labor matters on tribal land that state and local governments already have.
Balance the Scales Act. Authored by Rep. Michael Rulli (R-OH), the Balance the Scales Act (H.R. 2958) would require EBSA to report to Congress annually on any agreements to provide “adverse assistance” in potential employee benefit-plan lawsuits. It would mandate that employees or plan sponsors directly impacted by this assistance receive a copy of any agreement before it takes effect and ensure that EBSA’s actions are documented and consistent with public policy.
EBSA Investigations Transparency Act. The EBSA Investigations Transparency Act (H.R. 2869), authored by Rep. Lisa McClain (R-MI) would require EBSA to report annually to Congress regarding the status and timelines of its investigations, giving lawmakers a clear picture of how long EBSA investigations take and why some extend beyond three years and ensuring that EBSA handles cases efficiently.
Michael Enzi Voluntary Protection Program Act. The Michael Enzi Voluntary Protection Program Act (H.R. 2844), authored by Rep. Diana Harshbarger (R-TN), would direct OSHA compliance assistance programs to provide incentives to employers to reduce workplace injuries and illnesses without punishing employers, encouraging employers to work with OSHA to learn and implement best practices. The bill would invest in public-private safety partnerships.
Direct Seller and Real Estate Agent Harmonization Act. The Direct Seller and Real Estate Agent Harmonization Act (H.R. 3495), authored by Rep. Kevin Kiley (R-CA), would align the Fair Labor Standards Act with the tax code, clearly stating that direct sellers and real estate agents are independent contractors, not employees. This would give workers and the businesses they partner with one clear federal standard for worker classification and tax treatment. It would also protect flexibility and independence for direct sellers and real estate agents.
Retire through Ownership Act. Authored by Rep. Rick Allen (R-GA), the Retire through Ownership Act (H.R. 5169) provides a clear definition of “adequate consideration” when employee stock ownership plans purchase stock in closely held companies. It would allow ESOP fiduciaries to rely on expert independent appraisals that follow established IRS valuation guidelines and simplify creating and maintaining ESOPs for businesses, helping workers to build retirement wealth through company ownership.
Walberg support. Chairman Tim Walberg (R-MI) described the bills as “six important pieces of legislation that will provide certainty to Indian tribes, protect savers and retirees, encourage workplace safety, and clarify the status of direct sellers and real estate agents. Walberg said, “Altogether, these bills represent the Committee’s commitment to stop the job-crushing regulatory blitz and implement pro-growth economic policies that unleash the ingenuity and entrepreneurial spirit of the American workforce.”
Scott opposition. Ranking Member Robert C. “Bobby” Scott (D-VA) expressed concern regarding the bills passed, arguing that “nearly all the bills we are considering tilt the scales in favor of corporate interests at the expense of workers.” Scott also noted that Committee Republicans failed to hold legislative hearings on some of the bills. In response to the Tribal Labor Sovereignty Act, Scott argued, “We can and must do better than force a false choice between tribal sovereignty [] and worker rights.” Scott also noted in relation to the Michael Enzi Voluntary Protection Program Act that voluntary programs cannot replace clear, enforceable standards for protecting workers.
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