May 17, 2022

Volume XII, Number 137

Advertisement
Advertisement

May 16, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

BREAKING: The Department of Labor and The National Labor Relations Board Announce Agreement Enhancing Cooperation Between the Agencies

On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) announced that the two agencies signed a Memorandum of Understanding (MOU) detailing procedures on information-sharing, joint investigations and enforcement activity, and training meant to strengthen the agencies’ partnership in enforcing the laws administered between the two agencies.

The MOU outlines several areas where the agencies agree to cooperate and work in concert to enforce federal labor and employment laws.  For example, with respect to information sharing, the agencies agree to share any information or data that “supports each agency’s enforcement mandates,” including complaint referrals and information in investigative files.

The agencies also pledge to share information regarding the following topics:

  • Unlawful compensation practices,

  • Retaliation based on the exercise of rights guaranteed by the NLRA or laws enforced by the DOL/Wage and Hour Division (WHD),

  • Discriminatory failure to hire, and

  • The “identification and investigation of complex or fissured employment structures, including single or joint employer, alter ego, and business models designed to evade legal accountability.”

Further, each agency has agreed to advise employees when they have reason to believe that there may be “unlawful conduct that falls within the jurisdiction” of the other agency.  For example, if in the course of an investigation of an employer, the DOL uncovers conduct that it believes may violate the NLRA, the DOL will advise employees that an opportunity may exist to file a charge with the NLRB.

The MOU also announces initiatives to provide training to each agency’s staff in identifying cases and issues that potentially arise under the other’s jurisdiction, joint participation in regional presentations and to develop shared training materials and programs.   The MOU takes effect immediately and, absent renewal, will expire in five years.

The impact of this MOU likely will be an uptick in enforcement actions by the respective agencies.  As always, we will keep you informed of any updates on this interagency collaboration.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 7
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Steven Porzio Labor & Employment Attorney Proskauer Rose New York, NY
Partner

Steven J. Porzio is a partner in the Labor & Employment Law Department and a member of the Labor-Management Relations Group. Steve assists both unionized and union-free clients with a full range of labor and employee relations matters. He represents employers in contract negotiations, arbitrations, and representation and unfair labor practice cases before the National Labor Relations Board. 

Steve has experience conducting vulnerability assessments and providing management training in union and litigation avoidance, leave management, wage and hour, and hiring and firing...

212-969-3079
Joshua Fox Labor & Employment Attorney Proskauer Rose
Associate

Joshua Fox is an associate in the Labor & Employment Law Department and a member of the Labor-Management Relations Group. He represents a diverse range of clients, including professional sports leagues and teams, hotels, hospitals, and pipe line contractors, among many others, in collective bargaining, administration of their collective bargaining agreements, arbitrations and matters before the National Labor Relations Board.

In particular, Josh has extensive experience representing professional sports leagues, including Major League...

212.969.3507
Law, Jordan Simon, Labor, Employment
Associate

Jordan Simon is an associate in the Labor & Employment Law Department.  

Prior to joining Proskauer, Jordan attended Cardozo School of Law and served as an associate editor of the Cardozo Law Review and as a senior editor of the Alternative Dispute Resolution Honor Society. While in law school, he interned in the Civil Division of the U.S. Attorney’s Office for the Eastern District of New York.

212-969-3568
Advertisement
Advertisement
Advertisement