National Labor Relations Board and Federal Trade Commission Forge New Partnership to Protect Workers from Anticompetitive and Unfair Labor Practices

Today, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo and Federal Trade Commission (FTC) Chair Lina M. Khan executed a Memorandum of Understanding (MOU) forming a partnership between the agencies that will promote fair competition and advance workers’ rights.

The agreement enables the NLRB and FTC to closely collaborate by sharing information, conducting cross-training for staff at each agency, and partnering on investigative efforts within each agency’s authority.

The MOU identifies areas of mutual interest for the two agencies, including: labor market developments relating to the “gig economy” such as misclassification of workers and algorithmic decision-making; the imposition of one-sided and restrictive contract provisions, such as noncompete and nondisclosure provisions; the extent and impact of labor market concentration; and the ability of workers to act collectively.

“Workers in this country have the right under federal law to act collectively to improve their working conditions. When businesses interfere with those rights, either through unfair labor practices, or anti-competitive conduct, it hurts our entire nation,” said NLRB General Counsel Jennifer A. Abruzzo. “This MOU is critical to advancing a whole of government approach to combating unlawful conduct that harms workers.” 

“We’re committed to using all the tools at our disposal to promote free and fair labor markets in which companies must compete with each other to attract and retain workers,” said FTC Chair Lina M. Khan. “This agreement will help advance our mission to crack down on anticompetitive mergers and unfair practices that deny workers and their families the pay, benefits, and conditions they deserve.”

The NLRB also recently joined the FTC’s Consumer Sentinel Network (CSN) . CSN is an investigative online tool and complaint database for law enforcement agencies. It contains millions of consumer complaints about scams, identity theft, Do Not Call Registry violations, and more.

In February, General Counsel Abruzzo issued a memorandum to all field offices, committing to working closely with other federal agencies to fully effectuate the mission of the National Labor Relations Act (NLRA) and take action on interagency collaborations outlined in the White House Task Force on Worker Organizing and Empowerment report.

Media contacts:

NLRB: Kayla Blado, 202-412-9602

FTC: Jay Mayfield, 202-326-2656

The Federal Trade Commission works to promote competition, stop deceptive and unfair business practices and scams, and educate consumers. Report fraud, scams, or bad business practices at ReportFraud.ftc.gov. Get consumer advice at consumer.ftc.gov. Also, follow the FTC on social media, subscribe to press releases, and read the FTC’s blogs.