HR and future of work · Industry brief

The NLRB General Counsel has filed a significant brief proposing major reversals of Biden-era labor law precedents, particularly the 2023 Stericycle standard governing workplace rules. The proposal would shift from presuming employer policies unlawful to a new two-step test using an "objectively reasonable employee" standard and genuine balancing of employer business interests against employee rights under the National Labor Relations Act. The brief, filed in Atlassian Corp. (Case 16-CA-324971) on September 11, 2026, specifically targets rules on social media, civility policies, and confidentiality provisions. Separately, on September 23, 2026, the NLRB vacated its 2023 Lion Elastomers II decision, restoring the prior Wright Line framework for mixed-motive discipline cases. With the Board now holding a 3-1 Republican majority, employers may see adoption of these more balanced standards, though formal precedent reversal requires Board action on specific cases.

C.H. Robinson announced a $5.8 billion acquisition of RXO, expected to close in the first half of 2027, combining the first and fourth-largest domestic freight brokers into a company with projected combined annual revenue exceeding $25 billion. The deal includes approximately $300 million in projected annual cost savings within two years through consolidation of overlapping operations, office consolidation, and reduced third-party services, with potential job cuts not yet specified. C.H. Robinson CFO Damon Lee stated the combined entity expects to benefit from anticipated industry consolidation among smaller and medium-sized brokers facing increased insurance costs and legal pressures following the Supreme Court's broker liability decision, positioning the enlarged company to capture market share as weaker competitors consolidate.

Grocers continue consolidating through strategic acquisitions as they navigate inflation, shifting consumer spending, and regulatory uncertainty surrounding SNAP benefits, according to Grocery Dive. Maryland amended its Franchise Law effective October 1, 2026, expanding franchisee protections and state enforcement periods from three to five years, creating greater compliance obligations for franchisors operating in the state. The restaurant industry continues advocating for immigration reform to address workforce shortages, identifying labor availability and hiring barriers as top operational priorities for hospitality and foodservice operators.