On August 26, 2026, NLRB General Counsel Crystal Carey issued Memorandum GC 26-04, following the historic trend from recent predecessors, indicating the NLRB precedent she has asked or will ask the Board to revisit. Newly appointed General Counsels often look to overturn decisions rendered by the prior administration, so it is not surprising that Carey’s memorandum primarily takes aim at Biden-era decisions.
Unlike many of her predecessors, Carey chose not to issue a mandatory submission memorandum immediately. Although Carey credited the Board’s historic backlog of cases for the delay, it is probably not a coincidence that her memorandum comes on the heels of the Senate’s confirmation of James Macy, the third Republican Board Member needed to establish the Republican majority necessary to issue precedent-shifting decisions.
Carey now faces the challenge of facilitating the following policy changes via Board decision making within an abbreviated timeframe. However, Carey has signaled her desire to move quickly by not requiring mandatory submissions to the home office in Washington on high-profile or other cases looking to change the law (which has been a common element of these memoranda.). Indeed, she notes that she has already asked the Board to revisit nearly half the decisions that she has identified as priority.
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...