July 26, 2022
NLRB & DOJ Join Fight Against Antitrust & “Unfair Employer Practices”
From March to June, three federal agencies announced efforts, “to protect workers from employer collusion, ensure compliance with the labor laws and promote competitive labor markets and worker mobility.”
In July, two more agencies joined the campaign. The Department of Justice and National Labor Relations Board announced signing their own memorandum of understanding (MOU) noting, “By cooperating more closely…we can share information on potential violations of the antitrust and labor laws, collaborate on new policies and ensure that workers are protected from collusion and unlawful employer behavior.” Employer practices the agencies will be targeting include and are not limited to:
- Ensuring workers are properly classified under labor laws
- Interfering with worker organizing
- Anti-competitive practices
Some anti-competitive practices may include B2B agreements, such as to not engage in corporate raiding, aka, “I won’t solicit your employees if you don’t solicit mine.” Other, targeted practices include employers’ use of certain agreements with employees, such as non-competes and no-solicitation. Want to learn more? Check out FiveL Company’s archived July and August webcasts.
- “Employment Agreements: What Are You Really Trying to Protect (and Can You?)”
- “Ethics, Antitrust, and Whistleblowing“
Each is $25 pp and pre-approved by HRCI and SHRM for 1.25 credits. The latter is pre-approved by HRCI for business credits.
