Legal News

A new report from Law.com and Littler Mendelson warns that most U.S. employers remain ill-prepared to address the resurgence of union activity, despite heightened organizing efforts across healthcare, retail, logistics, and technology sectors. Only 9% of nonunion employers said they feel “very prepared” to respond to union drives, while 36% admitted they are not prepared at all, according to Littler’s 2025 Annual Employer Survey. (Law.com)

The report cites a rapid rise in National Labor Relations Board (NLRB) petitions and growing sophistication in labor organizing campaigns, often aided by digital tools and coordinated cross-industry efforts. Yet many employers still rely on reactive strategies, outdated policies, or lack legal training for supervisors—creating risks of unfair labor practice violations under the National Labor Relations Act (NLRA). (Law.com)

Experts from Littler noted that companies should adopt proactive union readiness plans, including labor-compliance audits, frontline management training, and structured communication protocols to ensure consistent, lawful engagement with employees. The survey emphasized that preparedness is not about being anti-union—it’s about ensuring lawful, transparent governance that aligns with both business continuity and employee rights. (Littler.com)

For employers, this serves as a clear signal: the regulatory and reputational costs of ignoring workforce sentiment can be substantial, particularly as union approval among U.S. workers reaches its highest level in decades.

Outside Legal Counsel LLP advises employers on NLRA compliance, workforce engagement, and union readiness planning. Contact us for guidance on developing a compliant and effective labor relations strategy.

‍

This is not legal advice and is attorney advertising.

‍