5 Things Employers Should Watch as the 2026 Midterms Approach
Employers need to prepare for the November 3 midterm elections given that the results could shift the balance of power in Washington and reshape workplace policy in states across the country. Voters will cast ballots to decide control of Congress, not to mention the outcome of dozens of governors’ races, state legislative contests, and ballot measures from coast to coast. While even a significant change in congressional control is unlikely to produce sweeping new federal employment laws, state-level results could result in new compliance obligations for employers across the country. Here are five things employers should watch as Election Day approaches.
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1. The Political Landscape is Likely to Shift
All 435 House seats and 35 Senate seats are on the ballot this fall. Republicans currently hold narrow majorities in both chambers:
- Senate: 53 Republicans, 47 Democrats/Independents who caucus with Democrats.
- House: 218 Republicans, 214 Democrats, 1 independent who sits with the Republican conference, and 2 vacancies.
As of late September, the Cook Political Report rated 7 Senate races and 22 House races as toss-ups, so control of both chambers is still up for grabs. Midterms have traditionally been difficult terrain for the sitting president’s party, and most shifts in House control...
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