HR and future of work · Industry brief

The National Labor Relations Board's new General Counsel Crystal S. Carey announced on August 26, 2026, plans to challenge over a dozen Biden-era decisions that expanded employee protections and union rights. The GC has filed briefs and signaled intent to overturn precedent on severance agreements, workplace rules, captive-audience meetings, bargaining requirements, dress codes, and employee misconduct protections. Her agenda targets restrictions on non-disparagement clauses, bans on mandatory meetings, union insignia policies, and unilateral management changes, while seeking to restore prior standards that favor employer flexibility. The memorandum signals a sweeping pro-employer regulatory shift that employers should prepare for as these labor law precedents change rapidly.

NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04 on August 26, 2026, outlining her priorities for precedent changes that could significantly reshape labor law. The memorandum identifies more than a dozen Board cases Carey seeks to overrule, including McLaren Macomb (severance confidentiality clauses), Tesla (union insignia restrictions), Amazon.com Services (captive-audience meetings), Cemex (recognition and bargaining order framework), and Thryv (enhanced remedies). Carey has already directed regional offices to take positions supporting reversals in employer policies, dress codes, campaign conduct, and bargaining standards, while flagging additional issues including scope of protected activity, unilateral contract changes, and dues disclosure timing. The memorandum signals which legal theories the General Counsel may decline to pursue even before formal Board action, and employers should monitor developments, prepare for potential changes, and note that at least 13 states have enacted statutes restricting captive-audience meetings regardless of federal precedent shifts.

National Labor Relations Board General Counsel Crystal Carey released GC Memorandum 26-04 on August 26, 2026, identifying thirteen areas of Biden-era Board precedent she is challenging or intends to challenge with the new 3-1 Republican NLRB majority. Seven areas already targeted include severance and employment agreements, consent orders, workplace rules, captive audience meetings, employer predictions about unionization, dress codes, and waiver of right to bargain. Six additional areas for future challenge include bargaining orders, unilateral changes to employment terms, union dues and fees, protected concerted activity standards, dues checkoff obligations, and expanded remedies. The memo signals potential shifts in labor law as GC Carey consolidates substantive positions developed since the new administration took office, though existing precedent remains controlling unless the Board formally changes it through appropriate cases.