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Monday, October 26, 2026

Top Five Labor Law Developments for August 2026 - Jackson Lewis

  1. National Labor Relations Board General Counsel (GC) Crystal Carey identified the Board precedents she has challenged or plans to challenge while continuing backlog reduction as her principal priority. In GC Memorandum 26-04, GC Carey summarized her positions seeking reversal of Biden-era precedent governing severance agreements, consent orders, work rules, captive audience meetings, employer predictions about unionization, dress codes, and contractual waiver of bargaining rights. She also identified six additional areas she intends to challenge if the opportunity arises, including bargaining orders, unilateral change standards, union objector fees, protected concerted activity, dues checkoff, and enhanced remedies. The memorandum does not require Regions to submit cases involving these issues to the Division of Advice. It instead directs them to continue investigating and, if warranted, prosecuting cases under existing Board law. The memorandum offers an early indication of where Board law may shift as appropriate cases reach the Republican-majority Board.
  2. California and Illinois advanced state-run collective bargaining models for rideshare drivers classified as independent contractors. California’s Public Employment Relations Board certified the California Gig Workers Union as the bargaining representative for a statewide unit of transportation network company (TNC) drivers after finding that at least 30% of active drivers authorized the union to represent them. The...


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