Top Five Labor Law Developments for January 2026 - Jackson Lewis
- Now that the National Labor Relations Board has regained a quorum, the Board is expected to pursue a more employer-friendly agenda. Changes that employers can anticipate include narrowing standards for protected concerted activity, limiting or eliminating the “consequential damages” remedy, and allowing greater flexibility in work rules, handbook policies, and union insignia restrictions. Because the Board (which currently has two Republicans and one Democrat) traditionally does not overturn precedent without three votes in the majority, it is unlikely to do so in its present form, but it can make changes through the rulemaking process. Through rulemaking, or an eventual 3-1 majority, the Board is also likely to revisit Biden-era precedents, including forced union recognition based on authorization cards, the independent contractor standard, and restrictions on mandatory captive-audience meetings. The Board’s anticipated direction may emphasize procedural clarity and a return to more traditional precedent.
- Board data indicated a substantial decrease in union organizing during 2025 after several years of post-pandemic growth, Bloomberg Law reported. The number of union representation elections dropped to roughly 1,400, down from nearly 2,000 the year before, and unionizing success rates declined sharply. Consequently, the number of workers newly organized through Board elections fell by close to 40 percent from 2024 to 2025, marking the first notable slowdown since...
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