📅 2026 Update: Key Changes in Labor Law

Since the original article was written, there have been significant updates in labor law that affect employees and employers alike. These changes include adjustments to salary thresholds, minimum wage increases, and the status of non-compete agreements. The earlier article continues below, providing a foundational understanding of employment law.

📈 Overtime Salary Threshold Changes

In November 2024, a federal court reversed changes to the overtime salary threshold. The threshold is now back to the 2019 level of $684 per week or $35,568 annually for standard exemptions. This impacts many workers who may have expected a higher threshold, meaning fewer employees will qualify for overtime pay.

⚖️ FTC Non-Compete Rule Vacated

A major shift occurred when a federal court blocked the FTC's 2024 rule to ban most non-compete agreements. This ruling was finalized on February 12, 2026, leading to the removal of the rule from federal regulations. As a result, employers may still require non-compete clauses in employment contracts.

💵 California Minimum Wage Increase

Effective January 1, 2026, California's minimum wage rose to $16.90 per hour, increasing from $16.50 in 2025. This annual adjustment is based on inflation and aims to provide workers with a fairer wage. Employers must comply with this updated wage law.

📜 New Exempt Employee Salary Threshold

California also updated the annual salary threshold for exempt employees. As of January 1, 2026, it is now $70,304, or $5,858.67 monthly. Workers classified as exempt must meet this threshold to qualify for exemption from overtime pay regulations.

📌 Key Updates Summary

  • ⚖️ Overtime threshold reverted to $684 per week.
  • 📅 FTC non-compete ban was vacated in February 2026.
  • 💵 California minimum wage increased to $16.90 per hour.
  • 📜 Exempt employee salary threshold now $70,304 annually.
  • 📃 Employers must update workplace postings by January 1, 2026.

💡 Tips for Navigating Employment Law

Reviewing your individual situation with an attorney is crucial for understanding your rights and responsibilities. Here are some practical tips related to employment law.

📝 Understand Overtime Rules

Be aware of the current overtime salary threshold for your position. Knowing that it is back to $684 per week helps you understand your eligibility for overtime pay.

🔍 Review Non-Compete Agreements

If you are asked to sign a non-compete agreement, ensure you understand its implications. Since the FTC's ban was vacated, these agreements may still limit your employment options in the future.

💼 Check Minimum Wage Compliance

If you work in California, verify that you are receiving at least $16.90 per hour as of January 1, 2026. Employers must comply with this minimum wage law.

🏢 Keep Updated Workplace Notices

Employers in California are required to post the updated minimum wage notice (MW-2026). Ensure that your workplace postings reflect these changes by the deadline of January 1, 2026.

📊 Know Your Exempt Status

If you are classified as an exempt employee in California, confirm that your salary meets the new threshold of $70,304 annually. This is vital for maintaining your exempt status and avoiding overtime pay.

📞 Utilize Available Resources

For help with understanding wage and hour laws, consider consulting resources like the U.S. Department of Labor's Wage and Hour Division or the California Department of Industrial Relations. These agencies offer guidance on rights and responsibilities in the workplace.

❓ Frequently Asked Questions

❔ What is the current minimum wage in California?

As of January 1, 2026, the minimum wage in California is $16.90 per hour. This amount is subject to annual adjustments based on inflation.

❔ How do I determine if I am an exempt employee?

In California, to be classified as an exempt employee, you must earn at least $70,304 annually or $5,858.67 monthly. If you do not meet this salary threshold, you may not qualify for exempt status.

❔ What should I do if my employer is not complying with the minimum wage law?

If you suspect that your employer is not complying with the minimum wage law, you can contact the California Department of Industrial Relations for assistance and guidance on how to report violations.

❔ Are non-compete agreements still enforceable?

Yes, non-compete agreements are still enforceable since the FTC's 2024 ban was vacated. Employers may require these agreements, so it's important to understand their terms before signing.

❔ How can I stay informed about changes in employment law?

To stay updated on changes in employment law, regularly check resources from the U.S. Department of Labor and the California Department of Industrial Relations. These agencies provide current information on laws and regulations.

❔ What happens if I work over 40 hours in a week?

If you work over 40 hours in a week and are eligible for overtime, you should receive 1.5 times your regular pay for those additional hours, provided your salary is above the current overtime threshold.

⚖️ Recent Court Cases Related to Employment Law

Recent court rulings have impacted labor laws, including changes to overtime regulations and non-compete agreements. These cases highlight ongoing legal interpretations that affect employee rights and employer obligations.

For more insights into recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





Introduction

The National Labor Relations Board (NLRB) is an independent federal agency that serves to enforce and interpret the National Labor Relations Act (NLRA) in order to protect the rights of employees to organize and collectively bargain with employers. They are a vital resource for workers who feel like they are being treated unfairly by their employers. This article aims to explain the functions of the NLRB, including their role in resolving workplace disputes, and how they help ensure fair and just working conditions for employees.

Origin of the NLRB

The NLRB was created in 1935 as part of the NLRA, which was designed to prevent employers from interfering with workers' right to organize unions and engage in collective bargaining. The NLRB is responsible for conducting representation elections, investigating unfair labor practices, and promoting collective bargaining between employers and employees.

The NLRB consists of five members appointed by the president of the United States and confirmed by the Senate. Their term is five years, and the board's makeup must include no more than three members of the same political party. This structure ensures that the NLRB operates in a nonpartisan manner.

What you should know about the Labor Board:

📝 See Also

Roles and Responsibilities of the NLRB

The NLRB is charged with two primary responsibilities: (1) promoting and protecting the right of employees to organize and bargain collectively, and (2) preventing and remedying unfair labor practices committed by employers and unions.

Representation Elections

One of the primary functions of the NLRB is to oversee representation elections, which determine whether a group of workers will be represented by a union. For workers to hold an election, they must first file a petition with the NLRB, which then verifies that the workers are covered by the NLRA and have enough support from their colleagues to proceed with an election. Once the election is authorized, the NLRB conducts the election and certifies the results.

Investigation of Unfair Labor Practices

The NLRB also investigates and adjudicates claims of unfair labor practices committed by unions and employers. Unfair labor practices include things like intimidating or retaliating against workers who seek to organize a union, discriminating against employees who support a union, and refusing to bargain in good faith with employees or their union representatives.

The NLRB investigates complaints of unfair labor practices by conducting investigations and holding hearings to determine whether there has been a violation of the NLRA. If the NLRB finds that an employer or union has committed an unfair labor practice, it may issue an order requiring the party to cease and desist from the unlawful activity and to take certain corrective actions.

Enforcement and Remedies

The NLRB has the power to enforce its orders and seek remedies for unfair labor practices. Remedies may include back pay, reinstatement of fired workers, and requiring employers or unions to post a notice admitting to the unlawful conduct and promising not to engage in similar activity in the future. If a party fails to comply with an NLRB order, the NLRB may seek an order from a federal court to enforce the order.

The NLRB's Jurisdiction

The NLRB has jurisdiction over most private sector employers, with the exception of agricultural, domestic, and some small businesses. The NLRB has jurisdiction over employees who engage in interstate commerce, which includes nearly all employees who work for an employer that engages in interstate commerce. The NLRB does not, however, have jurisdiction over public sector employees, who are covered by state labor laws.

How the NLRB Helps Workers

The NLRB's work is critical to ensuring that employees have a voice in their workplace and that their rights are protected. The NLRB's role in promoting and protecting employee rights is especially important in today's economy, where many workers lack job security and are precariously employed.

Collective Bargaining

The NLRB plays an important role in promoting collective bargaining, which is the process by which workers and employers negotiate the terms and conditions of employment. Collective bargaining is a fundamental right under the NLRA, and the NLRB ensures that employers negotiate in good faith with employees and their union representatives.

Protection from Retaliation

The NLRB also protects workers from retaliation if they choose to engage in protected concerted activity, which is when workers act together to improve their working conditions. Protected concerted activity includes things like discussing pay and benefits, raising concerns about safety, and organizing a union. The NLRB takes these rights seriously and will take action against employers who retaliate against workers who engage in protected concerted activity.

History of the NLRB

The NLRB has had a long and often controversial history. Over the years, the NLRB has faced criticism from both business groups and labor unions. Business groups have criticized the NLRB for being overly favorable to unions at the expense of employers, while labor unions have criticized the NLRB for being too slow to act and not doing enough to protect workers' rights.

Recently, the NLRB has come under significant political pressure, with Republican officials calling for the board to be disbanded altogether. President Trump appointed a series of pro-business members to the board, who worked to reverse many of the Obama-era policies that labor advocates had pushed for.

However, with the election of President Biden, the NLRB may be poised for significant changes. President Biden has pledged to support worker rights and to strengthen the NLRB's role in promoting collective bargaining and protecting workers' rights.

Conclusion

The National Labor Relations Board is an essential institution for protecting employee rights and ensuring fair working conditions. Its role in promoting collective bargaining and protecting workers from retaliation is crucial in today's economy, where job security and fair treatment are increasingly hard to come by. While the NLRB has faced its share of criticism and controversy over the years, its mission remains essential, and its continued existence is crucial for the protection of workers' rights.

What is the Labor Board?

The National Labor Relations Board is an independent agency of the United States Federal Government, responsible for conduction elections for the majority of labor union officials and representatives. Furthermore, the labor board is charged with investigating and subsequently remedying unfair labor practices in the United States. Unfair labor practices include union-related instances of protected concerted activities; the National Labor Relations Board, through its five-person governing board, is responsible for appeasing such situations. Each member of the National Labor Relations Board is appointed by the President of the United States with the direct consent of the Senate. Members of the Labor Board are appointed to five-year terms, while the General Counsel is appointed to a four-year term. The General Counsel acts as the form prosecutor, whereas the Labor Board itself acts as an appellate judicial body to honor decisions of administrative law judges.

Labor Board Quick Facts:

• The national labor board was established on July 5th of 1935

• The national labor board possesses jurisdiction over the Federal government of the United States

• The agency’s headquarters are located in Washington, D.C.

• The national board is led by Chairman Wilma Liebman; the agency operates with nearly 1,650 employees

Labor Board’s Jurisdictional Powers:

The national labor board’s jurisdiction, in a specific sense, is only limited to private sector employers and the United States Postal Service. As a result, the labor Board possesses no authority over labor relation disputes involving government employees (including all railway and airline) who are specifically covered under the Adamson Railway Labor Act. Contact a labor lawyer to protect your rights.

The Labor Board administers charges filed by parties against unions or employers through one of their regional officers. Each regional office is responsible for investigating the complaint; if a charge is deemed to be viable, the regional office will transfer the case to an Administrative Law Judge who will then conduct a hearing. All decisions rendered by the Administrative Law Judge are susceptible for review by the five member labor board. That being said, all decisions rendered by the five-person labor board are reviewable by the United States Courts of Appeals.The labor board’s decisions are not self-enforceable; the labor board, because of this, must seek court enforcement in order to force a party to comply with the suggested orders.