NLRB 2026: HR Compliance Changes, AI Hiring Laws & Multi-State Employee Rights
When did workplaces become this legally complicated?
Why is a fire chief ordering inspections of someone's undergarments even a question in 2026?
And how are you supposed to keep up with labor law when it changes every time the administration changes?
These questions don't have easy answers. But they're exactly what every HR leader needs to understand as 2026 kicks off. Because if 2025 was chaotic, 2026 is going to require a completely different playbook.
The stories are wild. The implications are wider. And the stakes are higher than they've ever been.
(00:00) When Professionalism Is Just a Cover Story
A Michigan fire chief ordered male supervisors to check whether a female firefighter was wearing a bra.
Not because of any written policy. Not because actual safety standards required it. He just decided it was "professional."
Here's the thing that gets you: this isn't the first time. There was a similar case in 2024. Another one before that. So this pattern? It's persistent.
On the surface, there's an actual safety argument here. Women firefighters are routinely given ill-fitting male gear—too loose, too long, too big. Smoke gets in. It's dangerous. That's real.
But here's what it's NOT:
A bra is not the same as a helmet
Undergarments are not the same as protective equipment
Courts have historically sided with employers on grooming standards, even when they unfairly burden women
So don't be shocked if this case doesn't go the way fairness suggests it should.
(03:51) The Questions Nobody's Actually Asking
If compression wear is truly a safety requirement, where are the jockstrap inspections for men?
When you flip the script, it becomes obvious. But that's exactly what makes this case so sus.
The policy changed right after she raised concerns about the handbook. That timing matters. It raises real questions about whether this was ever actually about safety or just "how things had always been done."
Here's what should matter:
– Why were only male supervisors conducting checks?
– Why was she the only woman subjected to this?
– Where's the equal enforcement across the department?
If the city concedes that undergarments are essential for firefighter safety, they have to concede what the National Fire Protection Association has been saying: women need properly tailored, well-fitting protective gear, just like men receive.
You can't have it both ways.
(04:19) Your School's Dress Code Called. It's Still Wrong.
Remember when spaghetti straps were forbidden but boys could wear tank tops?
Fingertip-length skirts were non-negotiable but guys could wear whatever?
That pattern hasn't gone anywhere. It's just wearing different clothes now.
Softball uniforms in traditional sports weren't designed for women's bodies. Firefighting gear wasn't designed for women's bodies. Medicine wasn't historically designed with women's bodies in mind.
Because these systems were built when women weren't supposed to be there.
And now we're asking: How do you fix systems that were designed to exclude you?
The answer isn't easier than it sounds.
(20:58) The President Just Got a Kill Switch for Labor Law
Last week, a DC Circuit court made a ruling that changes everything.
The president can now fire NLRB members at will.
For decades, board members were appointed to overlapping terms. Specifically. To keep them independent. From. Election. Cycles.
That protection is gone.
The court's logic was simple: The NLRB is part of the executive branch, so the president controls it like any cabinet position.
What does that actually translate to?
Dramatic policy reversals instead of gradual shifts
Rapid changes every time administrations flip
No more stability in how labor law gets interpreted or enforced
(22:27) HR Just Entered a New Level of Chaos
Here's the thing that keeps coming up: HR used to be predictable. Maybe even boring.
Not anymore.
Now every election cycle is a threat to your entire compliance strategy. Think about what the NLRB influences:
Union organizing rules
Minimum wage interpretations (state AND federal)
Harassment and discrimination standards
Retaliation protections
Enforcement of worker rights
All of it can swing wildly depending on who the president appoints.
And for HR teams of one? The ones already drowning in state-by-state compliance differences? This doesn't help. This makes an already impossible job worse.
(26:53) The Real Question: Do You Want to Compete or Survive?
Here's the real question: Do you want to compete or just survive?
Companies that are treating employees with respect and following the law? They're about to win at talent. Because people will leave places that don't value them. They'll unionize. They'll organize informally. They'll disengage.
But organizations genuinely trying to do right by their people? They'll attract and retain talent while competitors implode.
The opposite is equally true. Companies betting on lax enforcement and cutting corners in a pro-deregulation administration? Employees will leave. Lawsuits will follow. And when the next administration swings left, they'll get crushed.
This isn't a theory. It's just how organizations actually work.
People want to work somewhere they're valued. That hasn't changed. It's just becoming your competitive advantage.
(33:37) The Three Bets You Actually Need to Prepare For
Three predictions are emerging about 2026 that matter for every HR leader.
Bet #1: AI Implementation Without the Conversation
Companies are pushing to implement AI everywhere. But here's the question nobody's asking: Should we?
In states like New York, you must disclose if AI is involved in any hiring decision. That includes screening resumes. But most companies aren't disclosing. And I'm confident most are using AI without admitting it.
The responsibility isn't the tool. It's how you use it.
– Are you reviewing the resumes being rejected? – Are you looking at the ones being moved forward? – Or are you just flipping a switch and hoping it works?
Companies that landed in trouble over AI treated it like magic instead of a tool requiring human oversight. Don't do that.
Bet #2: AI Discrimination Issues Are Multiplying
Even with a pro-AI administration, you're not shielded from liability. If your algorithm screens out members of a protected class—whether you knew it was doing that or not—candidates can still sue.
And they will. Lawsuits don't disappear because the political wind shifted.
Bet #3: The Blue State/Red State Divide Is About to Get Really Ugly
Privacy laws. Reproductive rights. Pay transparency. Work classification. AI regulation.
These have been creating conflict for a while. But it's accelerating. Eventually, there will be almost no overlap between red and blue state rules.
Which means employees' rights are literally determined by where they live.
For multi-state employers, that's an insurmountable task. You'll end up with:
Different policies
Different handbooks
Different employee experiences at the same company based on geography
And here's the thing nobody wants to say: Texas and Florida aren't just creating a lack of laws. They're actively creating laws saying employers CAN'T provide certain benefits. Like reproductive health coverage.
So you can't just give everyone the California handbook. In some states, it's actually illegal to do so.
So Here's What Matters
You're heading into unprecedented complexity.
The NLRB changes alone are potentially catastrophic. Add AI liability, state-by-state conflicts, and rapid policy reversals, and you're looking at a fundamentally different operating environment than you had even six months ago.
But here's the truth: Companies that stay focused on treating people well, following the law in every state where they operate, and thinking critically before implementing anything? They'll be fine. Better than fine.
The chaos is real. But it's also an opportunity for organizations with actual values to stand out.
Connect with Traci here: https://linktr.ee/HRTraci
Disclaimer: Thoughts, opinions, and statements made on this podcast are not a reflection of the thoughts, opinions, and statements of the Company by whom Traci Chernoff is actively employed.
Please note that this post may contain paid endorsements and advertisements for products or services. Individuals on the show may have a direct or indirect financial interest in products or services referred to in this episode.