The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets.
From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and acquisitions on related labor markets, the effort to protect competition for employees has been sustained and unprecedented.
To aid with this enforcement priority, the FTC recently entered into an agreement with the National Labor Relations Board (NLRB). Pursuant to this agreement, the FTC and NLRB will (a) consult and share information among agencies for enforcement purposes, (b) provide cross-training related to the laws and regulations enforced by each of these agencies, and (c) coordinate outreach and education when appropriate.
Although this agreement does not create enforceable rights between the FTC and NLRB, it provides the FTC with another source of information from which to draw to assist with its enforcement efforts.