Labor & Employment Law Update

Despite a new administration in D.C. and a push by the executive branch to reign in federal worker unions, the U.S. Bureau of Labor Statistics finally released figures showing that the percentage amongst all U.S. workers who were part of a labor union ticked up ever so slightly from 9.9 percent in 2024, to 10 percent in 2025. With respect to the private workforce, that percentage held at 5.9 percent (same as 2024). 

Highlights from the 2025 data include:

• The union membership rate amongst public sector workers (32.9 percent) continued to be considerably higher than the rate of private sector workers.
• The union membership rate continued to be highest amongst local government workers at 37.8 percent (with public school teachers, as well as police officers and firefighters leading the way).
• Industries with the lowest unionization rates included banking and finance (0.8 percent), insurance (1.2 percent), and professional/technical services (1.3 percent).
• Among occupational groups, the highest union membership rates in were in education (32.5 percent) and protective services (31.3 percent).

Among the percentages in certain private sector industries, the following rates are notable:

• Transportation (14.3 percent);
• Warehousing (13.6 percent);
• Construction (11.1 percent);
• Manufacturing (7.7 percent);
• Heath Care (6.8 percent); and
• Hospitality (3 percent).

As 2025 played out, there appeared to be a noticeable shift amongst federal workers to remain or become members of a labor union. It remains to be seen what happens as the Trump administration continues to try and diminish federal workers—particularly those belonging to unions. However, 2025 saw a noticeable sharp decrease in organizational petitions in the private sector. Additionally, in the coming months, private sector employers should anticipate the National Labor Relations Board to begin reversing several key decisions ushered in by the Biden administration’s Board that made unionization of workers in the private sector easier.

Employers in virtually all industries and geographic areas should remain vigilant on keeping up with developing labor law while local and state attempts to regulate employer conduct and employee rights continue to pour in.