The Department of Labor Wage and Hour Division and the National Labor Relations Board released a Memo of Understanding announcing that the two agencies will be collaborating “to strengthen the agencies’ partnership through greater coordination in information sharing, joint investigations and enforcement activity, training, education, and outreach.” The MOU took effect upon both agencies’ approval in early December and will remain in effect for five years.
The MOU states that the DOL and NLRB “may share, whether upon request or upon an agency’s own initiative, any information or data that supports each agency’s enforcement mandates, whether obtained in the course of an investigation or through any other sources to the extent permitted by law.” The MOU further provides that when one agency “has reason to believe that there may be unlawful conduct that falls within the jurisdiction of the [other agency],” it will “advise the [complainant/employee(s)] that an opportunity may exist to file a charge with the [other agency].” The MOU also specifically provides for “coordinated investigations of matters arising within both agencies’ jurisdictions.” Practically speaking, this means that employers involved in a proceeding before the DOL, for example, could face a “dual threat” over the same set of circumstances from the DOL and NLRB, if the agencies find grounds for doing so.
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