Week of August 11–17, 2025
Sulton Law helps clients with employment law, civil rights, and business disputes. This weekly update explains what changed, why it matters, and what to do next. Written in plain language for busy leaders, HR teams, and workers.
1) 401(k) Plans: DOL Eases Stance on “Alternative” Investments
What changed
The U.S. Department of Labor (DOL) took back a 2021 statement that warned 401(k) plans about using “alternative” investments (like private equity or private credit). This does not force plans to use these options. It simply removes a roadblock some plan sponsors pointed to.
Why it matters
If you manage a retirement plan, you now have a little more room to review these options. But you must still act with care and document every step.
What to do
- Update your Investment Policy Statement (IPS) and meeting minutes.
- Work with your recordkeeper and ERISA counsel before changing the fund lineup.
- Make sure disclosures to employees are clear and timely.
2) EEOC Enforcement: Disability and Religious Accommodation in the Spotlight
What changed
Recent cases show the Equal Employment Opportunity Commission (EEOC) is pushing hard on disability and religion claims. That includes how employers handle the “interactive process” for accommodations and how they avoid retaliation.
Why it matters
Even without new laws, tougher enforcement raises risk. Poor documentation or slow responses can lead to costly claims.
What to do
- Train managers on ADA and Title VII basics and the dos and don’ts of accommodations.
- Use a simple, trackable process for requests. Keep records.
- Remind staff: no retaliation after any complaint or request.
3) Wisconsin Workers’ Comp: Average Rates Drop October 1, 2025
What changed
Wisconsin’s average workers’ compensation insurance rates will drop 3.2% on October 1, 2025. This is the 10th straight yearly decrease.
Why it matters
Lower premiums can help cash flow. Savings can also fund better safety programs.
What to do
- Ask your broker to check your class codes and experience mod.
- Plan safety training now to keep claims down.
- Model how the October 1 change affects your budget.
4) Hiring & the NLRA: “Salting” Risks Are Back in Focus
What changed
Guidance from the National Labor Relations Board (NLRB) has renewed attention on “salting,” where union organizers apply for jobs to help start a union campaign. Rejecting these applicants for the wrong reasons can break the law—even at non‑union companies.
Why it matters
Hiring teams that screen for “culture fit” without clear criteria can create legal exposure.
What to do
- Set job‑related, written criteria before interviews.
- Train recruiters to avoid questions about union views.
- Keep interview notes and reasons for each decision.
Compliance Reminders & Dates
- EEO‑1 Reporting (2024 cycle) closed June 24, 2025. Use the downtime to clean up job categories and location setups for the next cycle.
- Workers’ Comp Rate Change takes effect October 1, 2025. Meet with your broker in September.
Advisories Sulton Law Can Send to Clients This Week
- ERISA Fiduciary Bulletin: A step‑by‑step checklist and sample IPS language for reviewing 401(k) investment options.
- EEOC Enforcement Alert: Manager talking points, an accommodation request form, and a retaliation‑risk checklist.
- NLRA Hiring Memo: A short guide to “salting‑safe” recruiting, including sample interview scripts and documentation tips.
- Wisconsin WC Update: A one‑page FAQ on the October 1 rate change and ideas to reinvest savings into safety.
How We Can Help
- For employers: Quick audits of accommodation workflows, hiring practices, and plan‑committee governance.
- For employees: If you faced discrimination, harassment, or retaliation, we can review your options and deadlines.
This briefing provides general information and is not legal advice. For guidance on your situation, contact Sulton Law.
