NLRB Counsel Targets Biden-Era Severance, Work Rule Precedents

HR leaders should prepare for potential rule shifts while following current NLRB standards.

HR Solution Journal News Desk

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NLRB General Counsel Crystal Carey, who began her term in January 2026 focused on case backlog, issued Memorandum GC 26-04 in August identifying 13 Biden-era precedents she intends to challenge. A September 2026 brief urged the Board to overturn McLaren Macomb, which restricts confidentiality and non-disparagement clauses in severance agreements, and Stericycle, which applies an employee-friendly standard to work rules. HR leaders should audit existing policies now. Carey also supports reversing the captive-audience meeting ban. Until the Board acts, current rules remain binding, and employers should maintain voluntary meeting practices and compliant agreement language.

Source: HR Daily Advisor. Original announcement: October 19, 2026.