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One bill would make it faster for labor unions to reach the first collective bargaining agreement after a union election, and the other would make it harder to organize.

On tap are reversals of several key cases that limit the use of captive-audience meetings by employers, changes that make it easier to pass handbook rules and removing extensive remedies for employees whose employers commit unfair labor practices.

At the recent HR Specialist Summit held September 10–11, Anniken Davenport, HR Employment Law Advisor senior legal editor, addressed the top employment law trends of 2025 and what’s coming in 2026.

Because the Trump administration fired NLRB Commissioner Gwynne Wilcox shortly after his inauguration, the agency now lacks a quorum and can’t conduct business or make precedential decisions. Some states have stepped in with their own new labor rules for private-sector employers. That may complicate things tremendously for private-sector employers.

The DOL has proposed eliminating the agency by cutting funding and staff other than those programs that add veterans and enforce the Rehabilitation Act.

The National Labor Relations Board’s lead attorney is pushing back against pending legislation in California, Massachusetts and New York that would allow state agencies to adjudicate private-sector union disputes and supervise union elections if the NLRB continues to operate without a quorum.

A three-judge panel of the 5th Circuit Court of Appeals on Aug. 19 said court orders barring the NLRB from pursuing unfair labor practices cases against SpaceX and two other companies should remain in place while their constitutional challenges are being litigated.

Effective August 7, regional NLRB offices will first check whether an alleged unfair labor practice falls within a collective bargaining agreement and could be resolved under the contract.

Social media activity—from an employee’s seemingly harmless TikTok to a CEO’s ill-advised Instagram story—can trigger lawsuits, government investigations or viral outrage that damages a brand overnight. For HR professionals, managing these risks is now a core part of the role.

Without at least three members, the board has been unable to take action, including reversing policies that were in place during the Biden administration. Doing so is a priority for the Trump administration.