NLRB GC Issues Memo 26-04 Clarifying Employer Duties and Enforcement
On August 26, 2026, NLRB General Counsel Carey issued Memo 26-04 clarifying employer duties and enforcement priorities.
Why it matters: Legal teams must adjust compliance strategies as the NLRB sharpens labor enforcement focus and revisits past Board rulings. This memo impacts how cases are handled and what risks employers face.
- Memo 26-04, issued August 26, 2026, emphasizes reducing the NLRB's case backlog and enhancing case handling efficiency.
- General Counsel Carey directed investigations into over 9,200 pending cases as of January 7, 2026, aiming to resolve delays.
- The memo signals a return to core National Labor Relations Act principles by revisiting recent Board precedents.
- Employers should expect stricter scrutiny on workplace policies and labor relations practices under this clarified enforcement approach.
On August 26, 2026, NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04 titled "Further Guidance Regarding General Counsel Priorities." The memo outlines updated enforcement priorities focused on clarifying employer obligations under the National Labor Relations Act (NLRA).
Key aims include addressing the agency's substantial case backlog—over 9,200 pending cases as of early 2026—and streamlining case handling to ensure more efficient resolutions. Carey’s office is prioritizing sustainable practices that reduce delays and improve the overall decisiveness of NLRB investigations and litigation.
The memo also signals a shift in legal interpretation by identifying select recent Board decisions for potential challenge. This indicates a move away from some post-2010s precedents toward foundational NLRA principles, which could affect longstanding employer practices and union interactions.
Legal experts note that this approach means employers and their legal counsel will need to carefully review and possibly revise labor relations policies to comply with the clearer, stricter standards the NLRB intends to enforce. The memo warns of heightened scrutiny on employer conduct, especially regarding unfair labor practice allegations.
Independent analysis from labor law firms highlights that GC Memo 26-04 is part of a broader effort within the NLRB to restore prompt, neutral enforcement, moving away from ad hoc interpretations toward consistent application of the law. This recalibration could increase litigation risk for employers who have relied on recent favorable precedents now under review.
For in-house counsel and labor law practitioners, this memo serves as a call to audit current labor policies and prepare for increased oversight. Staying ahead requires understanding the memo’s specific priority areas and adapting compliance programs accordingly.
Additional commentary from Labor Law Report by Law360 reflects that the memo underscores a significant strategic pivot by the NLRB’s General Counsel Office, which emphasizes operational efficiency combined with a strict enforcement tone.
By the numbers:
- 9,247 cases pending as of January 7, 2026 — subject to investigation or resolution under GC Carey’s direction
- August 26, 2026 — date GC Memo 26-04 was issued
- 2010s — approximate period of the Board precedents now identified for reconsideration
Yes, but: While the memo clarifies enforcement, it does not specify exact changes to employer obligations, leaving some ambiguity for compliance efforts until further guidance or case decisions emerge.
What's next: Employers should monitor forthcoming Board rulings for shifts in precedent referenced by the memo. Legal teams may see enforcement updates and related guidance in late 2026 and 2027.