HR and future of work · Industry brief

NLRB General Counsel Crystal S. Carey issued a memorandum on August 26, 2026, identifying over a dozen Biden-era Board decisions she intends to challenge, signaling a significant shift toward pro-employer labor precedent. Carey has already filed briefs seeking to overturn decisions restricting severance agreements, work rules, captive-audience meetings, and mandatory bargaining orders, while also targeting enhanced remedies and expanded employee protections. Her positions include narrowing non-disparagement/confidentiality provisions in severance agreements, reinstating consent orders approved by administrative law judges without GC approval, restoring employer latitude on workplace rules and dress codes, permitting captive-audience meetings (reversing a ban dating to Biden era), broadening employer communications about unionization consequences, and expanding management rights to make unilateral changes during negotiations. She has signaled additional anticipated positions including requiring proof of severe unfair labor practices before bargaining orders issue, expanding unilateral changes during negotiations, and reducing employer financial remedies exposure.

The NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04 on August 26, 2026, outlining priorities for potential reversals of Biden-era Board precedent that could significantly reshape labor law. The memorandum identifies over a dozen cases Carey has asked or plans to ask the Board to overrule, including McLaren Macomb (severance confidentiality provisions), Stericycle (neutral work rules), Tesla (union insignia restrictions), Amazon.com Services (captive-audience meetings), and Cemex (recognition and bargaining order framework). These moves follow James Macy's appointment to the Board on August 17, creating a potential three-vote majority for precedent reversals. Carey has already directed regional offices to pursue changes in employer policies, dress codes, campaign conduct, captive-audience meetings, and the "clear and unmistakable" waiver standard from Endurance Environmental. Additional areas under consideration include the scope of protected concerted activity, unilateral changes to employment terms, dues disclosure timing, and enhanced remedies standards. The memorandum will influence regional NLRB practice even before formal Board action, with implications for how charges are investigated and settlements evaluated. State-level restrictions on captive-audience meetings in 13 states may remain enforceable regardless of federal precedent changes.

NLRB General Counsel Crystal Carey issued memorandum 26-04 on August 26, 2026, identifying seven Biden-era precedents she has already challenged and six additional areas she intends to challenge with a new 3-1 Republican NLRB majority now in place. The precedents targeted for reconsideration include restrictions on severance agreement confidentiality clauses, captive audience meeting standards, employer predictions about unionization effects, neutral dress codes, workplace rules evaluation standards, consent order procedures, and contract-coverage standards for unilateral bargaining. Carey also flagged six additional areas for future challenge including bargaining orders without elections, unilateral employment term changes, union dues requirements, protected concerted activity standards, dues checkoff obligations, and expanded remedies availability. The memorandum consolidates positions the GC has taken through pending cases and signals where labor law may shift as cases reach the Board, though existing precedent remains controlling unless and until the Board formally changes it.

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