The National Labor Relations Board entered into separate agreements with the Federal Trade Commission and the Department of Justice to collaborate on areas of mutual interest, including misclassification of workers, noncompete and nondisclosure provisions and algorithmic decision-making and the impact of algorithmic decision-making on workers.
FTC. The NLRB and FTC will collaborate on areas of mutual interest, including misclassification of workers, noncompete and nondisclosure provisions and algorithmic decision-making and the impact of algorithmic decision-making on workers. Announced last week, their Memorandum of Understanding, or MOU, enables the NLRB and FTC to closely collaborate by sharing information, conducting cross-training for staff at each agency and partnering on investigative efforts within each agency’s authority.
Issues of common regulatory interest include labor market developments relating to the gig economy and other alternative work arrangements; claims and disclosures about earnings and costs associated with gig and other work; the imposition of one-sided and restrictive contract provisions, such as noncompete and nondisclosure provisions; the extent and impact of labor market concentration; the impact of algorithmic decision-making on workers; the ability of workers to act collectively; and the classification and treatment of workers.
DOJ. Announced July 26, the DOJ and NLRB’s collaboration will focus on protecting workers who have been harmed or may be at risk of being harmed as a result of conduct designed to evade legal obligation and accountability (such as misclassifying employees or fissuring workplaces); interference with the rights of workers to obtain fair market compensation and collectively bargain (through labor market concentration/labor monopsony or other anticompetitive practices); and the imposition of restrictive agreements or workplace rules, such as noncompete, nonsolicitation and nondisclosure provisions.