Articles Discussing General Labor Law Topics And The NLRA.

National Labor Relations Board General Counsel (GC) Crystal Carey issued a new directive calling for less aggressive enforcement of workplace rule violations. Memorandum GC 26-03. The memo reaffirms guidance issued by former Acting GC William Cowen and the rescission of several memoranda issued under Biden-era GC Jennifer Abruzzo. It encourages settlement but discourages the routine use of enhanced remedies (such as notice headings, apology letters, or nationwide postings) in settlement practice. To that end, the memo directs Board regions to promptly seek settlement of pending cases based solely on the maintenance of potentially unlawful rules. It noted such cases are an inefficient use of Board resources where there has been no enforcement or actual impact on employees.

TakeawaysWNBA is in the midst of immediate labor risk, with an expired CBA, impasse after labor agreement extensions lapsed and a potential work stoppage looming ahead of the scheduled May start to the 2026 season.MLB and MLS are entering sensitive transition periods, with MLB owners and players bracing for negotiations ahead of the contract expiration in December, and MLS continuing to negotiate details around its approved calendar shift.Other major leagues remain relatively stable, with long‑term labor agreements in place for the NFL, NBA, NHL and NLL — future issues are already emerging.Related links

Now that the National Labor Relations Board has regained a quorum, the Board is expected to pursue a more employer-friendly agenda. Changes that employers can anticipate include narrowing standards for protected concerted activity, limiting or eliminating the “consequential damages” remedy, and allowing greater flexibility in work rules, handbook policies, and union insignia restrictions.

From evolving class action rules to regulatory updates and major U.S. Supreme Court cases, what happens at the federal level fuels a world of workplace decision-making. These are the essential legal trends and developments that will inform planning and compliance across industries in 2026. 

The National Labor Relations Board has a quorum for the first time in nearly 12 months following the swearing-in of James Murphy and Scott Mayer as Board members. Their appointments restore the Board to the three-member quorum required to issue decisions. In addition, management-side attorney Crystal Carey was sworn in as the Board’s new general counsel (GC). The GC acts as the prosecutorial arm of the Board and is responsible for enforcing the National Labor Relations Act.

A recent federal court order has placed a partial preliminary injunction on the enforcement of Assembly Bill (AB) 288, which expands both worker rights and the authority of the state’s Public Employment Relations Board (PERB). AB 288 was designed to let PERB step in and handle certain private sector labor disputes if the federal National… Continue Reading

The U.S. Court of Appeals for the D.C. Circuit held that Congress may not constitutionally restrict the president’s ability to remove members of the National Labor Relations Board without cause. Wilcox v. Trump, et al., No. 25-5057 (D.C. Cir. Dec. 5, 2025).

The Senate Health, Education, Labor and Pensions Committee approved two Trump Administration nominees — James Murphy and Crystal Carey — for the National Labor Relations Board and its general counsel role, respectively. The panel did not vote on Scott Mayer, a corporate chief labor counsel, nominated alongside Murphy. The Board has been operating with only one member, Democrat David Prouty, following the departure of former Chairman Marvin Kaplan (whose term expired in August 2025) and President Donald Trump’s firing of former Board Member Gwynne Wilcox in January 2025.

As a result of the federal government shutdown, the National Labor Relations Board has suspended nearly all operations and furloughed the vast majority of its staff. Nearly all Board operations, including hearings, elections, and investigations, are suspended. However, the Board will retain limited capacity to respond to unfair labor practice (ULP) charges that could cause irreparable harm to the private sector economy. Despite the shutdown, employers must still comply with bargaining obligations under the National Labor Relations Act, and charges can still be filed.

Cali Chandiramani and Scott Green wrote an article in Law360 regarding the Fifth Circuit Court of Appeals’ landmark decision in SpaceX v. NLRB