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  • Top Five Labor Law Developments for February 2026 - Jackson Lewis

Top Five Labor Law Developments for February 2026 - Jackson Lewis

Tue, Mar 17, 2026 13:22 ET
in Press Release

  1. National Labor Relations Board General Counsel (GC) Crystal Carey issued a new directive calling for less aggressive enforcement of workplace rule violations. Memorandum GC 26-03. The memo reaffirms guidance issued by former Acting GC William Cowen and the rescission of several memoranda issued under Biden-era GC Jennifer Abruzzo. It encourages settlement but discourages the routine use of enhanced remedies (such as notice headings, apology letters, or nationwide postings) in settlement practice. To that end, the memo directs Board regions to promptly seek settlement of pending cases based solely on the maintenance of potentially unlawful rules. It noted such cases are an inefficient use of Board resources where there has been no enforcement or actual impact on employees. The memo provides further guidance aimed at efficiency, such as requiring that charging parties submit supporting evidence within two weeks of filing a charge and regions’ requests for evidence be narrowly tailored to promote efficiency. Employers can expect the Board to actively review pending matters to apply these updated protocols.
  2. The Board reinstated its long-standing employer-friendly standard for determining joint-employer status. 29 C.F.R. § 103.40. The final rule reinstates the 2020 standard issued under the first Trump Administration that vacated the Board’s broader 2015 standard under Browning-Ferris Industries of California, Inc., 362 NLRB No. 186. To be found a joint employer under the...


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