NLRB and DOL Signal Reduced Enforcement of Workplace Rule Violations

NLRB General Counsel and DOL Relax Scrutiny in Workplaces

In a memo on February 27, 2026, Crystal Carey, NLRB General Counsel, directed NLRB Regional Offices to be less aggressive in policing alleged violations of Board law with respect to workplace rules and employer handbooks. By instructing Regional Offices to prioritize cases where there is a “clear, facial violation” of the National Labor Relations Act (NLRA) – such as a ban on discussing wages among employees – Carey relaxes the previous standard, which called for strict policing of all potential workplace rule violations. In a similar vein, shortly before this, the Department of Labor’s (“DOL”) Solicitor of Labor, Jonathan Berry, issued an internal memo instructing agency attorneys not to prioritize allegations of labor violations occurring in union workplaces. According to Berry, unions are better positioned to address harms to workers in unionized workforces.

Together, these directives signal policy changes to federal labor and employment law, which previously focused on strictly enforcing and evaluating all potential NLRA and labor violations with heavy federal enforcement and a commitment to investigating any complaints and allegations of wrongdoing. These directives now suggest more limited federal intervention, particularly where unions, and therefore grievance mechanisms, exist.

While these directives may lead to fewer DOL investigations and softer NLRB policing on technical violations, employers, particularly those with non-unionized workforces, should remain vigilant and continue reviewing and updating workplace policies for compliance.