MEMORANDUM OF UNDERSTANDING 

BETWEEN THE FEDERAL TRADE COMMISSION (FTC) 

AND THE NATIONAL LABOR RELATIONS BOARD (NLRB) 

REGARDING INFORMATION SHARING, CROSS-AGENCY TRAINING, AND 

OUTREACH IN AREAS OF COMMON REGULATORY INTEREST 

The FTC and NLRB share an interest in protecting American workers and promoting fair 

competition in labor markets. To better root out practices that harm workers in the “gig 

economy” and other labor markets, to enhance the enforcement of federal laws and regulations 

administered by the agencies, and to promote interagency collaboration through information 

sharing, cross-agency training, and coordinated outreach, the FTC and NLRB enter this 

Memorandum of Understanding (“MOU”): 

1. The FTC enforces the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 41 et 

seq., and other laws and regulations that prohibit, among other things, unfair methods of 

competition and unfair or deceptive acts or practices. The FTC aims to prevent 

anticompetitive, deceptive, and unfair business practices through effective law 

enforcement, advocacy, and education. 

2. The NLRB enforces the National Labor Relations Act (“NLRA”), 29 U.S.C. § 151 et 

seq., which guarantees the rights of employees to join together to improve their wages 

and working conditions, to organize a union and bargain collectively, and to engage in 

other protected concerted activity. It prohibits, as unfair labor practices, discrimination 

or retaliation based upon employees’ engagement in these activities or choice to refrain 

from them. The NLRB’s primary functions are to prevent and remedy unfair labor 

practices and to conduct elections among employees to determine whether they wish to 

be represented by a labor organization. 

3. The FTC and the NLRB (each individually a “Party” and collectively, “the Parties”) 

recognize that continued and enhanced coordination and cooperation concerning issues of 

common regulatory interest will help to protect workers against unfair methods of 

competition, unfair or deceptive acts or practices, and unfair labor practices. Issues of 

common regulatory interest include labor market developments relating to the “gig 

economy” and other alternative work arrangements; claims and disclosures about 

earnings and costs associated with gig and other work; the imposition of one-sided and 

restrictive contract provisions, such as noncompete and nondisclosure provisions; the 

extent and impact of labor market concentration; the impact of algorithmic decisionmaking on workers; the ability of workers to act collectively; and the classification and 

treatment of workers. 

4. Accordingly, the Parties enter into this MOU to facilitate (a) information sharing and 

cross-agency consultations on an ad hoc basis for official law enforcement purposes, in a 

manner consistent with and permitted by the laws and regulations that govern the Parties, 

(b) cross-agency training to educate each Party about the laws and regulations enforced 

by the other Party, and (c) coordinated outreach and education as appropriate. 

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5. This MOU does not create legally binding obligations on the Parties and does not create 

any right enforceable against the Parties or any of their officers or employees or any other 

person. This MOU also does not confer upon any third party any right and specifically 

does not confer on any third party the ability directly or indirectly to obtain, suppress, or 

exclude any information shared pursuant to this MOU, or to challenge a request under 

this MOU. Nothing in this MOU modifies each Party’s ability, responsibility, or 

obligation to comply with or enforce the laws and regulations within its jurisdiction. 

6. The FTC designates the Director of its Office of Policy Planning, or their designee, as the 

point of contact for matters related to coordination and cooperation pursuant to this 

MOU. For all other matters related to the interpretation or application of this MOU, the 

FTC designates its General Counsel, or their designee, as its point of contact. 

7. The NLRB designates its Associate General Counsel in the Division of OperationsManagement, or their designee, as the point of contact for matters related to coordination 

and cooperation pursuant to this MOU. For all other matters related to the interpretation 

or application of this MOU, the NLRB designates its Associate General Counsel in the 

Division of Legal Counsel or their designee, as its point of contact. 

8. For purposes of this MOU, “Nonpublic Information” means all information in any format 

(including written, oral, or electronic) shared pursuant to this MOU unless the Providing 

Party expressly consents or designates the information as publicly available. Information 

shared by a Party under this MOU may be marked as Controlled Unclassified 

Information (“CUI”) in accordance with 32 C.F.R. Part 2002. The Parties shall handle 

information marked as CUI in accordance with Executive Order 13556 (Nov. 4, 2010), 

32 C.F.R. Part 2002, and the CUI Registry (CUI Categories | National Archives). 

9. The Parties may provide each other such Nonpublic Information concerning issues of 

common regulatory interest on an ad hoc basis, where this is consistent with applicable 

authorities, complies with statutory and regulatory requirements, and as otherwise 

appropriate. Nothing in this MOU shall be deemed to waive or alter any existing 

statutory or regulatory requirements governing the disclosure of Nonpublic Information. 

Each Party will maintain such Nonpublic Information in a manner that conforms to the 

standards that apply to federal Parties for the protection of the confidentiality of 

Nonpublic Information and personally identifiable information and for data security and 

integrity, including the Privacy Act of 1974, 5 U.S.C. § 552a; the Freedom of 

Information Act, 5 U.S.C. § 552; the Federal Records Act, 44 U.S.C. § 3101 et seq.; the 

Federal Information Security Modernization Act of 2014 (FISMA), 44 U.S.C. Chapter 

35; Sections 6(f) and 21 of the FTC Act, 15 U.S.C. §§ 46(f) and 57b-2; Section 7A of the 

Clayton Act, 15 U.S.C. § 18a; FTC Rules 4.9-4.11, 16 C.F.R. §§ 4.9-4.11; and NLRB 

regulations, including 29 C.F.R. § 102.118 and 29 C.F.R. § 102.119. 

10. Unless applicable law requires otherwise, the Parties shall take all actions reasonably 

necessary to preserve, protect, and maintain all privileges, protections, and claims of 

confidentiality related to all Nonpublic Information provided pursuant to this MOU. The 

Party receiving information (“Receiving Party”) shall not disclose to any third party that 

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it has received information from the other Party (“Providing Party”) except with written 

permission from the Providing Party. Nothing in this MOU, including the sharing of 

Nonpublic Information pursuant to this MOU, will constitute public disclosure of 

Nonpublic Information (within the meaning of the Freedom of Information Act, 5 U.S.C 

§ 552, or otherwise), a waiver of confidentiality, or alteration of any claim of 

confidentiality; a waiver of any applicable privileges or protections (e.g., deliberative 

process, law enforcement, or common interest privileges or the work product doctrine); 

or a waiver of any other protection applicable to Nonpublic Information provided 

pursuant to this MOU. Neither Party is authorized to waive confidentiality or privileges 

on behalf of the other Party, nor shall any waiver of confidentiality or applicable 

privilege by one Party be construed to apply to the other Party. All Nonpublic 

Information provided or received pursuant to this MOU shall be used only for official law 

enforcement purposes. 

11. In the event a third party makes a request (including any demand, request for production, 

interrogatory, request for admission, subpoena, court order, or request pursuant to the 

Freedom of Information Act, 5 U.S.C. § 552) for access to or copies of Nonpublic 

Information received by the Receiving Party from the Providing Party, unless otherwise 

prohibited by law, the Receiving Party shall: 

a. For Freedom of Information Act requests made by a third party for such 

Nonpublic Information, refer requests for the Providing Party’s records to the 

Providing Party for response. 

b. For other such third-party requests: 

i. Promptly give written notification to the Providing Party of the third-party 

request for such information; 

ii. Before responding to or complying with the third-party request, give the 

Providing Party a reasonable opportunity lawfully to object or otherwise 

prevent disclosure to the third party, and consent to an application by the 

Providing Party to intervene in any related action for purposes of 

protecting the Providing Party’s interests; and 

iii. Refrain from disclosing such information to the third party except as 

otherwise provided herein, or otherwise from making such information 

public without prior written approval of the Providing Party. 

12. Each Party represents that it: 

a. Maintains reasonable and appropriate safeguards to ensure the continuous 

protection of Nonpublic Information provided under this MOU; 

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b. Has an incident response and breach notification plan and procedures as required 

by Federal law, 44 U.S.C. § 3544(b)(7), and implementing guidance, OMB 

Memorandum M-17-12; and 

c. Will, in accordance with such law and guidance, promptly notify and coordinate 

with the other Party upon discovery of any breach or other suspected or confirmed 

incident potentially affecting the confidentiality and, if applicable, privacy of such 

Nonpublic Information. 

13. Notwithstanding the confidentiality provisions set forth in the paragraphs above, nothing 

in this MOU shall prevent the Parties from complying with an order of a court of the 

United States or an official request from either House, or a committee or subcommittee, 

of the United States Congress. 

14. The Parties shall conduct all cross-agency consultations and training in compliance with 

and as permitted by the laws and regulations that govern the Parties, individually and 

collectively, including, as applicable in each case: (a) if conducted (i) on a nonreimbursable basis, pursuant to and in compliance with, as appropriate, 31 U.S.C. § 1301 

(Appropriations restriction) and 31 U.S.C. §§ 1341, 1342, 1517(a) (Antideficiency Act); 

or (ii) on a reimbursable basis, pursuant to the Economy Act, 31 U.S.C. § 1535, and all 

related regulations and legal authority, as applicable; and (b) pursuant to any agencyspecific regulations and procedures as required. 

15. Nothing in this MOU is intended to prevent a Party from seeking assistance from or 

providing assistance to the other Party pursuant to other agreements, arrangements, or 

practices. 

16. This MOU shall become effective as of the date of its signing, shall remain in effect 

unless terminated by either Party, and may be revised or modified by mutual written 

agreement of the Parties or as required by changes in relevant laws or other requirements. 

The Party terminating, or recommending the revision or modification of, this MOU shall 

notify the other Party in writing at least 30 days before the date the notifying Party wishes 

the termination, revision, or modification of the MOU, as applicable, to become effective. 

EFFECTIVE this 19th day of July 2022. 

 

 

 

 

 

 

 

_______________________________ 

_______________________________ 

Lina M. Khan 

Chair 

Federal Trade Commission 

Jennifer A. Abruzzo 

General Counsel 

National Labor Relations Board 

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