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Top Five Labor Law Developments of 2025 - Jackson Lewis

Fri, Jan 30, 2026 11:59 ET
in Press Release

  1. The National Labor Relations Board lacked the three-member quorum required to issue decisions for the majority of 2025. Board vacancies, delayed confirmations, and ongoing litigation over Board composition limited the agency’s ability to resolve cases and issue precedential guidance. As a result, many pending unfair labor practice (ULP) and representation cases stalled or proceeded without clear direction from the Board. Employers were left navigating labor relations issues in an environment with fewer definitive rulings and greater reliance on regional office discretion. The quorum issue remained a consistent theme throughout the year. However, on Jan. 7, 2026, James Murphy and Scott Mayer were sworn in as new Board members. The Board has a quorum to resume issuing decisions and address its growing case backlog (two seats remain empty on the five-seat Board).
  2. Significant changes at the Board did not occur to the extent anticipated following the transition to a new presidential administration. Employers anticipated a quick shift in Board composition and immediate decisions returning to more employer-friendly standards, such as those relating to work rules and handbook policies and when employers must recognize a union without an election. However, although interim General Counsel (GC) William Cowen did quickly rescind many Biden-era GC memoranda, including those related to protected concerted activities, settlement agreements, and employment agreement provisions such...


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