As 2025 comes to a close, the new year offers an opportunity to take a look back at the trends and developments that have shaped labor and employment law over the past year, and what it might indicate about the landscape in 2026.
Employers across the United States have had to manage a shifting legal and regulatory landscape. Companies with workforces both large and small have had to contend with sharp pivots in the enforcement priorities at the federal government level, a quorum-less National Labor Relations Board for most of the year, differing priorities at the state level, and an active court of public opinion.
Here, we examine some major labor and employment legal themes that defined 2025 and how they may impact employers in 2026, as well as new laws employers can expect to take effect in 2026.
The State of Diversity, Equity, and Inclusion
Shortly after he took office, there was much concern over a series of Executive Orders (“EO”) issued by President Trump, which called for the dismantling Diversity, Equity, and Inclusion (“DEI”) programs.
While these EOs caused much concern among employers, and did appear to threaten companies who chose to keep their DEI programs, the reality in 2025 was much different. Agencies like the EEOC have not yet begun enforcing the EOs against private employers, and the administration has yet to establish a clear plan of enforcement. To date, most litigation and enforcement has been limited to federally funded schools and higher education...
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