A panel of experts and CHRO Association staff explored how last week’s historic midterm elections will impact CHROs and their workplaces. Plus, how they can prepare.
Democrats are firmly in control: With clear (and still growing) majorities in the House and Senate, Democrats will drive the federal legislative agenda.
Expect legislative proposals on:
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Labor: Minimum wage increases, the PRO Act, Faster Labor Contracts legislation and similar pro-union labor law reforms
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Healthcare: ACA subsidies, PBM reform
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Immigration: New pathways to citizenship
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AI: Restrictions on the use of AI in employment decisions and expanded data collection on AI’s impact on jobs and the workforce
Related resources:
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Watch the full webinar here: Post-Midterm Elections Update
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View the presentation deck here: What the Midterms Mean for Employers
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Read our full analysis of the elections here: The 2026 Midterms
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Read how the midterms could advance labor law reform here: What the Midterms Mean for Labor
But the filibuster and veto remain a roadblock: Achieving the 60 votes necessary in the Senate to pass legislation will remain difficult (although potentially less so for labor issues), and President Trump will likely veto any legislation championed by Democrats. The chances of major legislation passing also remain slim.
“You’re most likely not going to see the kind of legislative changes happen that will impact your day to day, although there are some that may sneak through,” emphasized Rich Meneghello of Fisher Phillips.
Read Chatrane Birbal’s full midterm analysis
Expect intense scrutiny of the administration and employer practices: New Democratic majorities and committee leadership mean control over Congressional oversight. Employers can expect many hearings in the House and Senate scrutinizing employer labor and AI practices, which may involve subpoenaing employers.
“All companies will be under the microscope, especially in their dealings with the White House,” said Chatrane Birbal of the CHRO Association.
States will continue to lead: With federal-level actions stalled and Democrats gaining ground in state elections, expect states to be the main source of new workplace laws.
