The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) recently announced a Memorandum of Understanding (MOU) resolving to enhance the enforcement of federal laws and regulations administered by these agencies, and to promote interagency collaboration through information sharing, cross-agency training, and coordinated outreach.  The stated goal is to “better root out practices that harm workers in the ‘gig economy’ and other labor markets.” 

The MOU lists a variety of issues of common regulatory interest to the agencies, including the gig economy and other alternative work arrangements; non-compete and non-disclosure provisions; the ability of workers to act collectively; and the classification and treatment of workers.  The reference to worker classification signals again the NLRB’s high level of interest in this subject. 

The MOU provides that the agencies will facilitate information sharing and cross-agency consultations on an as needed basis for law enforcement purposes; however, the MOU does not create any legally binding obligations on the agencies.  The announcement continues the trend of the NLRB coordinating with other agencies to further enforcement efforts. 

Ballard Spahr’s Labor & Employment Group regularly advises employers on labor issues and compliance with the National Labor Relations Act, including non-compete agreements and worker classification issues.