On August 26, 2026, National Labor Relations Board (NLRB) General Counsel Crystal S. Carey released Memorandum GC 26-04, “Further Guidance Regarding General Counsel Priorities.” The memo provides important insight into the general counsel’s enforcement and litigation priorities and identifies several recent NLRB decisions that her office intends to challenge.
The memorandum does not mandate submission of any case categories to the Division of Advice. Instead, Carey has identified specific legal positions on arguments her office intends to advance.
GC 26-04 identifies a number of significant NLRB decisions and doctrines that Carey has challenged and intends to challenge. Several of these issues have substantial practical implications for employers. For a full list of what the general counsel has requested or intends to request that the board revisit, see the memorandum.
The general counsel is arguing to overrule McLaren Macomb in an answering brief in Valley Radiology, P.A. (10-CA-324512).
In McLaren, the board held that employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act (NLRA). The case at issue involved severance agreements that prohibited employees from making statements that could disparage the employer and from disclosing the terms of the agreement itself.
A reversal...
On October 22, 2026, the US Department of Justice (DOJ) Civil Division and the US Department of Health and Human Services (HHS) announced a six-month Healthcare False Claims Act Self-Disclosure Pil...