The 2026 midterms are historic. Democrats have taken both the House and the Senate; a feat accomplished only a handful of times in midterm elections since World War II. Members can read our full 2026 midterm analysis here!
Votes are still being counted, so final results aren’t available yet. As of now, here are the counts:
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Senate: Democrats 54, Republicans 44, with 2 races uncalled.
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House: Democrats 253, Republicans 157, with 25 races uncalled.
Several races are being called firsts or major upsets, with Democrats flipping longtime Republican strongholds:
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Texas: James Talarico won the Senate race in a state that hasn’t elected a Democratic senator since 1988.
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Michigan: Abdul El-Sayed will become the country’s first Muslim senator.
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Maine: Sen. Susan Collins lost her re-election bid to Troy Jackson.
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Kansas: The Democratic Senate candidate led in Sedgwick County. The last time Kansas elected a Democrat to the Senate was 1932.
What does a Democratic Congress mean for workplace policy? Democrats will control the House agenda and gain subpoena power to call administration officials to hearings.
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House Democrats are expected to nominate Hakeem Jeffries (D-NY) for Speaker in a closed-door vote, with the full House voting when the new Congress convenes in January 2027.
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Chuck Schumer (D-NY) is expected to return as Senate majority leader.
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For employers, expect fewer major legislative changes but greater oversight, funding battles, personnel decisions and shifting state-level policies.
The Big Picture: Oversight, Not Legislation Democrats will still need President Trump’s signature, 60 Senate votes to beat a filibuster, and two-thirds of both chambers to override a veto. Broad workplace mandates are unlikely to become law before 2029.
AI in the Workplace AI is a top priority. Expect hearings on how employers use AI in hiring, evaluation, and monitoring, and the return of bills like the No Robot Bosses Act, which would bar sole reliance on automated decision systems. Workplace surveillance and AI impact assessments may also return.
Employment-Based Immigration H-1B and OPT legislation is unlikely, but congressional oversight could intensify. Expect scrutiny of visa rulemaking, proposed OPT fees, and employers’ use of foreign talent and wages. Executive branch policy uncertainty will persist.
Health care and retirement benefits Employer health costs per worker are projected to rise 8.2% in 2027, putting health policy high on Democrats’ agenda. Priorities include restoring subsidies, scrutinizing insurers, hospitals, and PBMs, and responding to Medicaid cuts. DOL’s PBM fee disclosure rule takes effect for plan years beginning July 1, 2027, or later, and PBM is one of the few areas drawing significant bipartisan interest.