The National Labor Relations Board’s (“NLRB”) top prosecutor published a roadmap detailing how she intends to challenge some of the Board’s recent labor policy shifts. In the new memorandum, General Counsel Crystal Carey identifies 13 NLRB decisions she has challenged, or intends to challenge, covering topics like severance agreements, workplace rules, union organizing, bargaining obligations, employee misconduct, dues checkoff, and monetary remedies. The message to employers is significant, but it is not yet a green light to change existing practices.

Memorandum GC 26-04, issued August 26, 2026, separates GC Carey’s agenda into two categories: positions she has already presented in pending cases and precedents she intends to challenge when an appropriate case reaches the Board.

Changes Already Being Pursued

The GC has already asked the Board to reconsider the following areas:

• Severance and employment agreements. Seeking to overturn McLaren Macomb, which restricts employers from offering severance agreements containing broadly worded confidentiality and no disparagement provisions.
• Workplace rules. Challenging Stericycle, under which a facially neutral rule may be unlawful if an employee could reasonably interpret it as discouraging protected activity.
• Captive-audience meetings. Restoring the longstanding rule permitting employers to require employees to attend meetings concerning unionization, subject to the Act’s existing limits on threats and coercion.
• Employer...

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