In light of the NLRB’s recent change to independent contractor rules, recent midterm elections and a focus on workers’ rights on many ballots, this article revisits an agreement between agencies that went largely unnoticed earlier this year.
On July 19, 2022, the Federal Trade Commission (“FTC”) and National Labor Relations Board (“NLRB”) (collectively the “Agencies”) announced an unusual information sharing agreement to “better root out practices that harm workers in the ‘gig economy’ and other labor markets.” At first the agreement might seem an odd marriage; the FTC enforces the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 41 et seq., and other laws and regulations that prohibit, among other things, unfair methods of competition and unfair or deceptive acts or practices. The NLRB interprets and enforces the National Labor Relations Act, 29 U.S.C. § 151 et seq., which guarantees the rights of workers to join to improve their wages and working conditions, to organize a union and bargain collectively, and to engage in other concerted activity. Upon closer inspection, however, it is clear that the Agencies foresee significant overlap in their enforcement efforts to ensure robust, competitive markets that do not put employees at a disadvantage. “This agreement will […] advance our shared mission to ensure that unlawful business practices aren’t depriving workers of the pay, benefits, conditions, and dignity that they deserve,” said FTC Chair Lina M. Khan. The NLRB’s...
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