Some of the year’s most important employment law changes don’t arrive as new rules. They come through court decisions, agency memos, and shifts in how employees feel about work. Here are three worth a look before your next handbook review.
Harassment Claims Can Bypass Arbitration
Many dealerships use arbitration agreements to keep employment disputes out of court and control costs. For sexual harassment and sexual assault claims, those agreements have limits.
Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), signed in 2022, an employee with a sexual harassment or sexual assault claim can choose to take it to court even after signing an arbitration agreement. The choice is the employee’s. Some courts have also let other claims in the same case go to court alongside the harassment claim.
What to do: Have counsel review your arbitration agreements so they reflect the EFAA carve-out. Confirm your harassment policy and reporting process are current, and train managers on how to respond when someone comes to them with a complaint. A complaint handled well the first time is still the best protection against a lawsuit.
The NLRB Is Revisiting Key Employer Rules
In August, the NLRB’s General Counsel released a memo naming several 2023 decisions she wants the Board to overturn. With a new majority on the Board, these are worth watching:
- Severance agreements (McLaren Macomb), which limited confidentiality and non-disparagement clauses.
- Work rules (Stericycle), which put routine handbook policies like civility, confidentiality, and social media rules under closer scrutiny.
- Union recognition (Cemex), which made it easier for the Board to order an employer to bargain without an election.
None of these has been overturned yet. Until the Board rules, the current standards apply, so review your handbook and severance templates under today’s law and be ready to adjust.
Union Approval Is at a Decades-Long High
Gallup’s August 2026 poll found 71% of Americans approve of labor unions, tying its highest reading since the 1960s. Union membership among private-sector workers, though, is around 6%.
The issues that tend to drive organizing interest are familiar: pay that hasn’t kept up, unpredictable schedules, and inconsistent treatment from frontline supervisors. That last one is where most employers have the most control.
What to do: Train supervisors and managers on how to solve problems early and what they can and can’t lawfully say if employees raise union interest. Check that handbook rules respect employees’ rights under Section 7 of the National Labor Relations Act. And make sure the service tech who brings a scheduling complaint to their manager walks away with an answer, not a shrug.
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