NLRB and FTC Forge Partnership to Protect Workers

  • With the execution of an innovative Memorandum of Understanding (MOU), the National Labor Relations Board and the Federal Trade Commission have joined forces in a partnership intended to leverage the capabilities of both organizations to make labor markets more competitive and curtail unfair and deceptive practices that harm workers.
  • The MOU outlines ways in which the two agencies will work together moving forward on key issues of “common regulatory interest.” According to the MOU, such interests 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 non-compete 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.
  • Specifically, the agencies intend to cooperate and consult with one another on investigations and for official law enforcement purposes, conduct cross-agency training, and coordinate consumer outreach and education efforts as appropriate.