As 2025 comes to a close, let's take a look at the top three labor law developments that unfolded this year. It was a somewhat unusual year at the National Labor Relations Board (NLRB), but let's unpack what transpired. 

1. Lack of Activity at the NLRB

The first “big” development was, in a way, the lack of developments on the labor law front. The current administration terminated a sitting board member when it took over in January of this year, leaving the NLRB without a quorum for virtually all of 2025. The agency needs at least three members confirmed by the Senate to issue rulings and precedent. Because it lacked a sufficient number of confirmed members, there weren't any major precedential decisions rendered. This means virtually all the rulings issued by the prior administration remain intact, for now. Additionally, the 43-day federal government shutdown we saw in the fall also shut down the agency, meaning it wasn't processing cases, holding hearings, etc. This further delayed and hampered activity at the NLRB. 

2. The NLRB's Quorum Gets Restored Just Before the Holidays

It will likely be night and day in 2026 relative to this year, as the agency finally had a quorum restored on Dec. 18. That is, the NLRB will be able to render decisions and implement new policies. Accordingly, employers should anticipate significant rulings in the new year that roll back many of the problematic decisions from 2020 to 2023 on union organizing procedures, handbook policies, workplace misconduct, and more. If the past is prologue, that first Trump board wasted little time in issuing major rulings when it first gained a quorum in 2017, so buckle up.

3. Federal Courts Reverse Several Biden Board Decisions

As indicated above, the Biden board issued numerous rulings that were problematic for employers on a host of issues. Some of those rulings were appealed to federal courts, however, and did not withstand judicial scrutiny. For example, in its now infamous 2022 Thryv decision, the board asserted its remedial powers extended to include consequential damages for any other direct or “foreseeable harm.” 

In other words, this could include things like interest and late fees on credit cards, penalties on early withdrawals from retirement accounts, the loss of a car or home from missed loan or mortgage payments, and even childcare costs. Accordingly, employers were looking at potentially much larger exposure in discharge cases pending before the NLRB. 2 federal courts of appeal (5^th and 6^th Circuits) rejected the Thryv framework (the 9^th Circuit, however, allowed it). In another instance, the 8th Circuit Court of Appeals struck down an NLRB decision that had found Home Depot unlawfully prohibited employees from wearing politically charged messages on their work uniforms. 

That's my top three for 2025. Looking forward to what 2026 brings us. Happy New Year!