HR and future of work · Industry brief

NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04 on August 26, 2026, identifying thirteen Biden-era Board decisions targeted for reversal under the Board's new 3-1 Republican majority. The memo signals a shift toward employer-favorable standards across labor relations, including challenges to precedents on severance agreement confidentiality clauses (McLaren Macomb), workplace rules (Stericycle), captive audience meetings (Amazon.com Services), union predictions (Siren Retail), dress codes (Tesla), bargaining waivers (Endurance Environmental Solutions), and bargaining orders without secret-ballot elections (Cemex). Additional targets include duties to bargain before changing terms (Wendt/Tecnocap), protected concerted activity standards (Miller Plastic/Lion Elastomers), dues checkoff obligations (Valley Hospital), enhanced remedies (Thryv), and union dues procedures (UFCW Local 700/Kroger). While the memo does not immediately change current law, it provides a roadmap for NLRB enforcement policy over the coming months as cases present opportunities for precedent reversal, though state-level legislation in twelve states already codifies protections similar to the Biden-era decisions employers may still face.

NLRB General Counsel Crystal Stowe Carey issued a memorandum on August 26, 2026, following Republican confirmation to the NLRB, urging the Board to overturn multiple Biden-era labor precedents. The memorandum targets key employment law standards including severance agreement restrictions (McLaren Macomb), captive audience meeting prohibitions (Amazon.com Services), work rule evaluation standards (Stericycle), consent order procedures (Metro Health), union insignia dress code protections (Tesla), and collective bargaining waiver standards (Endurance Environmental Solutions). Carey seeks to reinstate earlier frameworks including the Boeing work rule test, Babcock & Wilcox captive audience standards, and MV Transportation contract coverage principles, signaling a substantial shift in NLRB enforcement priorities affecting union organizing, workplace rules, severance practices, and bargaining obligations. Additionally, the Second Circuit Court of Appeals rejected the Tesla standard in Siren Retail Corp. d/b/a Starbucks Reserve Roastery v. NLRB on September 2, 2026, remanding the case to apply factors from Republic Aviation Corp. v. NLRB instead.

On August 21, 2026, the Department of Labor finalized sweeping changes to federal contractor compliance regulations. The DOL rescinded Executive Order 11246 regulations effective October 26, 2026, eliminating federal contractors' obligations to prepare affirmative action plans based on race and sex, along with related nondiscrimination provisions. The agency also eliminated disability self-identification requirements under Section 503 of the Rehabilitation Act, removing the 7% utilization goal and CC-305 Form despite EEOC disagreement that such collection violates the ADA; however, contractors retain nondiscrimination and reasonable accommodation obligations plus annual disability outreach assessments. The VEVRAA regulations received mostly technical updates effective September 21, 2026, but retained voluntary veteran self-identification and affirmative action plan requirements. These changes represent a significant rollback of protected-category data collection compliance obligations for federal contractors.

The NLRB has shifted to Republican control following Senate confirmation of David Prouty and James Macey in August, establishing a 3-1 Republican majority. General Counsel Crystal Carey plans to present decisions for the new majority to overturn key Biden-era rulings including Cemex, Stericycle, and Thryv. The U.S. Supreme Court's Loper Bright ruling eliminated Chevron deference, ending judicial deference to agency statutory interpretations, which significantly limits NLRB authority. The D.C. Circuit Court of Appeals declined to enforce the Board's "successor bar" doctrine governing representation elections after company acquisitions, signaling how courts will restrict administrative agency deference post-Loper Bright. These developments represent substantial precedent changes and regulatory shifts affecting employment law compliance and labor board procedures.