National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and Federal Trade Commission (FTC) Chair Lina Khan entered a memorandum of understanding on July 19 to form a partnership between the agencies that will advance workers' rights. We've gathered articles on the news from SHRM Online and other outlets.
Agreement's Objectives
The agreement enables the NLRB and the FTC to collaborate by sharing information, conducting staff cross-training and partnering on investigative efforts within each agency's authority. Areas of mutual interest for the two agencies include labor market developments relating to the gig economy, such as misclassification of workers; the imposition of one-sided and restrictive contract provisions, such as noncompete and nondisclosure provisions; and the ability of workers to act collectively.
(NLRB)
Memorandum's Effect on Merger Review Process
The FTC now can share with the NLRB some information it obtains from companies in the merger review process. The NLRB then could review the documents—which it otherwise would not have access to—for evidence of National Labor Relations Act (NLRA) violations like union busting, said Hiba Hafiz, a professor at Boston College Law School.
FTC's Possible Regulation of Noncompete Agreements
Khan recently told the Wall Street Journal that regulating noncompete agreements "falls squarely in [the FTC's] wheelhouse." She has shared her view that noncompetes should be banned nationwide and that...
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