The National Labor Relations Board (NLRB) and the Department of Justice (DOJ) recently announced a new partnership, which, in their words, will “better protect free and fair labor markets and ensure that workers can freely exercise their rights under the National Labor Relations Act.” Through a memorandum of understanding (MOU), the agencies have agreed to collaborate with the stated aim of advancing workers’ rights to obtain fair market compensation and to freely exercise their legal rights under labor laws.
Through this partnership, the NLRB and DOJ intend to focus on the following priorities:
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);
The 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.
The Agencies intend to partner and collaborate on these issues by:
Designating Liaisons. Each agency will designate one or more Agency Liaisons who will regularly meet, at least quarterly, to discuss topics of interest and establish procedures for coordination of efforts related to such topics. Topics may include, but are not limited to:...
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