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NLRB quorum restored: What employers need to know

1/9/26

By: Sunshine Fellows 

After nearly a year of operational uncertainty, the National Labor Relations Board (NLRB) is once again fully empowered to act. On December 18, 2025, the U.S. Senate voted to confirm Scott Mayer and James Murphy to the Board, restoring the personnel necessary for a quorum. The two new members were sworn in on January 7, 2026, at which point the Board formally regained authority to issue binding decisions. For employers, this marks a critical turning point, ending a prolonged period during which labor law disputes accumulated without resolution and signaling a return to an active federal labor enforcement environment.

How the quorum was lost

The disruption traces back to January 2025, when the Board fell below the three-member minimum required under the National Labor Relations Act (NLRA). As Board members’ terms expired and one sitting member was removed, the NLRB was left without the statutory quorum necessary to decide cases or establish precedent. While the agency continued to accept and investigate unfair labor practice charges and conduct elections through its regional offices, it could not issue final Board decisions. Hundreds of matters were effectively placed on hold, creating significant uncertainty for employers, unions and employees alike.

The absence of a quorum did not pause enforcement activity entirely, but it did halt the Board’s adjudicatory function, the mechanism through which labor law standards are clarified, refined and enforced nationwide. As a result, many contested legal issues remained unresolved, and parties were left without guidance on how the Board might ultimately rule.

The newly confirmed board members

That logjam cleared with the Senate’s December 18 confirmations. James Murphy brings decades of experience within the NLRB, having served in a variety of senior legal roles, including as chief counsel to Board members. His background reflects deep institutional knowledge of the NLRA and Board procedure. Scott Mayer, by contrast, comes from the management side of the labor bar, most recently serving as chief labor counsel for a large national employer, where he advised on collective bargaining, labor strategy, and unfair labor practice litigation.

Together, Murphy and Mayer joined David M. Prouty, who had been the Board’s sole sitting member during much of the inquorate period. With their January 7, 2026 swearing-in, the Board immediately regained authority to issue decisions, address its backlog and resume its central role in shaping federal labor policy.

A confirmed general counsel returns stability

At the same time, the Senate also acted on the agency’s enforcement leadership. Crystal Carey was confirmed by the Senate on December 18, 2025 to serve as the NLRB’s General Counsel and was sworn in on January 7, 2026. The General Counsel oversees the investigation and prosecution of unfair labor practice charges and plays a pivotal role in setting enforcement priorities and litigation strategy nationwide.

Carey’s background includes prior service within the NLRB as well as experience in private practice, giving her both institutional familiarity and practical perspective. Her confirmation ends an extended period in which the agency operated under an acting General Counsel and brings added predictability to how cases will be charged, litigated and resolved going forward.

What this means for employers

With a confirmed Board and General Counsel in place, the NLRB is now positioned to move quickly. Employers should expect:

• Movement on long-stalled cases, including decisions on unfair labor practice appeals and election disputes that have been pending for months.
• Renewed enforcement activity, as the General Counsel’s office advances cases that could not previously reach final Board review.
• Greater clarity, but also risk, as the Board begins issuing decisions that will shape labor policy in 2026 and beyond.

While the current three-member composition may limit the Board’s ability to immediately overturn certain existing precedents, employers should not assume a static enforcement environment. Even incremental decisions can materially affect workplace policies, employee communications and labor-relations strategy.

Practical takeaways

Now is an opportune time for employers to reassess NLRA compliance and labor-relations practices. Employers should consider reviewing employee handbooks and workplace rules, evaluating the status of any pending NLRB matters, and ensuring that management and HR professionals are prepared for a more active and decisive Board.

In short, the NLRB is back in business. After a year of procedural limbo, the restoration of a quorum and confirmation of permanent leadership bring both clarity and renewed urgency to federal labor law compliance, making proactive planning essential for employers navigating the evolving labor landscape.

For more information, please contact Sunshine Fellows at sunshine.fellows@fmglaw.com or your local FMG attorney.

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.