Congress’s gridlock on workplace policy is likely to persist through 2026 midterms.
The state of play: Democrats are favored to retake the House, while Senate control is closer to a split. Several forecasters say Democrats have a slight edge, and others are favoring Republicans to retain control by a narrow margin. Republicans hold a 53-47 Senate majority, so Democrats would need a net gain of four seats to flip it.
Why it matters for employers: The Senate HELP Committee, which oversees labor and health policy, is a key flashpoint with Chair Cassidy departing from the Senate.
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If Democrats take the Senate: Senator Bernie Sanders (I-VT) becomes the next HELP Committee Chair. A longtime PRO Act supporter, he would bring renewed momentum toward labor reform—including elements of the Faster Labor Contracts Act.
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If Republicans hold the Senate: Rand Paul (R-KY) is next in line by seniority but would have to give up his Homeland Security Committee gavel to take it—the same choice he made in 2024, when he stayed put and cleared the way for Cassidy. If Paul declines again, Collins or Marshall would be next.
The bottom line: Regardless of who controls Congress come November, employers should expect the administration to keep leaning on executive authority to advance its workplace policy agenda.
This has been the story all year from the H-1B fee rule, expanded worksite enforcement across DOL, ICE, USCIS, and EEOC to DEI programs. The pattern will only ramp up as the administration looks to cement policy wins on immigration, labor, and health care costs ahead of the next presidential election.
Want a refresh on the year so far? Read our CHRO 2026 survey.
