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NLRB GC signals targeting of key Biden-era precedents: What you need to know

November 2026 employment law letter
Authors: 

Alec R. Rolain, Felhaber Larson

On August 26, 2026, National Labor Relations Board (NLRB) General Counsel (GC) Crystal Carey publicly identified the cases she is urging the Board to overturn, including several significant Biden-era precedents. This could reshape the labor law landscape for employers across the country. With the Board’s Republican majority now at full strength following the seating of its crucial third member, the stage is set for action. Employers should be paying close attention because these targeted decisions touch on some of the most operationally significant areas of workplace management.

Sought-after changes

Among the precedents in the GC’s crosshairs are several that dramatically expanded employee protections and union leverage during the Biden administration. Carey has identified pending cases through which she is seeking to overturn precedents, including Amazon.com Services LLC (which restricted employers’ ability to hold mandatory meetings to discuss unionization), McLaren Macomb (which limited the enforceability of certain severance agreement provisions), and Stericycle (which adopted a more employee-friendly standard for evaluating the legality of employer work rules). 

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