NLRB Gains 3-1 Republican Majority, Set to Overturn Pro-Employee Precedent
U.S. employer in-house employment counsel and HR leadership must track upcoming NLRB rulings, as the board’s new 3-1 Republican majority will overturn multiple pro-employee workplace precedents.
On August 7, 2026, the U.S. Senate confirmed two National Labor Relations Board nominees, expanding the board to four members with a 3-1 Republican majority, up from a three-member split board that included a Democratic holdover whose term was set to expire. The new majority has authority to overturn existing pro-employee precedents, including the Cemex bargaining order rule, the Amazon captive audience meeting ban, the Stericycle workplace handbook standard, and the McLaren Macomb severance agreement restriction. The NLRB General Counsel has also issued guidance prioritizing settlement of policy-only NLRA claims without accompanying adverse employment actions, signaling a shift away from strict pro-employee enforcement. Employers should review existing workplace policies, handbook rules, and severance agreement terms to prepare for upcoming precedent changes.