In the latest employment-related collaborations under President Biden, the U.S. Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) both recently announced new partnerships with the National Labor Relations Board (“NLRB”), with the aim of coordinating their policy and enforcement initiatives to protect workers’ rights and promote competition in labor markets. The DOJ and FTC separately entered memoranda of understanding with the NLRB. While neither of the memoranda is legally binding or has the force of law, the new partnerships emphasize these agencies’ interest in collaborating enforcement activities relating to certain competition and labor issues, especially as it relates to the promotion of employee mobility.

The FTC Memorandum of Understanding (“MOU”) (“FTC MOU”) identifies several areas of common interest to the agencies, including:

• the gig economy and other alternative work arrangements;
• one-sided and restrictive contract provisions, such as non-compete and non-disclosure clauses;
• labor market concentration effects on workers;
• algorithmic decision making related to employment and hiring decisions;
• collective action to organize workers; and
• independent contractor classification and treatment.

The FTC MOU also envisions that the FTC and the NLRB will share information cross-agency through consultations, cross-agency training, and coordinated outreach.

Similar to the FTC MOU, the DOJ MOU describes that the DOJ and the NLRB share a...

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