As we approach the close of the first quarter of 2026, our Labor, Employment & OSHA team highlights some of the leading legal developments and issues that employers face, including the reshaping of the National Labor Relations Board (NLRB); artificial intelligence (AI) regulation at the state level; continuing expansion of state paid family and medical leave laws; challenges to diversity, equity, and inclusion (DEI) in the workplace; and changes to the Equal Employment Opportunity Commission’s (EEOC) guidance and enforcement.
1. Quorum and New NLRB
The NLRB spent nearly all of 2025 without a quorum and was largely unable to handle its ordinary work. On December 18, 2025, the US Senate finally confirmed Trump appointees, James Murphy and Scott Mayer, as board members, and Crystal Carey as general counsel (GC), thereby restoring the three-member minimum needed for the Board to issue decisions.
While it will take time for the newly functioning Board to handle its substantial case backlog, employers should expect friendlier standards in 2026 on the following issues:
- Revisiting Cemex: The new Board and GC are expected to narrow significantly or even completely overrule Cemex, which currently prescribes onerous bargaining orders when an employer commits even a single unfair labor practice after declining to recognize a union claiming majority support.
- Return to Traditional Remedies: In 2022, the Board issued its decision in Thryv, which markedly broadened its standard...
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