Last Friday, the National Labor Relations Board (NLRB) General Counsel Crystal Carey issued her second directive memorandum since taking office in January. In Memo GC 26-03, Carey emphasizes efficiency, restraint, and practical resolution over aggressive expansion of liability. The memo confirms former Acting GC William Cowen’s prior guidance remains in effect, instructs regions to prioritize settlement, curtails routine pursuit of “enhanced” remedies, and narrows enforcement focus on handbooks that plainly violate the law. Per Carey’s guidance, cases involving potentially unlawful policies – without evidence of enforcement or actual impact on employees – are not an efficient use of the Agency’s already limited resources. This memo indicates an anticipated shift in the NLRB's approach under the Trump administration.

The memo highlights the following key points:

• Settlements Are Strongly Encouraged: NLRB regional offices are now expected to approve informal settlements or allow withdrawal of requests when parties agree to lawful terms, regardless of the allegations. This aligns with the fact that the Board has limited resources, and it would be difficult to investigate and prosecute the backlogged cases and all the new charges the Board is likely to see over the remaining ten months of the year.
• Enhanced Remedies Reserved for Egregious Matters: Enhanced remedies (e.g., reading notices to employees, apology letters, or nationwide postings) will not be standard, as they...

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