DOL and NLRB Agree to Coordinate Information Sharing, Investigations, and Enforcement Activities
January 13, 2022
The U.S. Department of Labor's Wage and Hour Division (DOL WHD) and the National Labor Relations Board (NLRB) have announced that they have entered into a Memorandum of Understanding (MOU) to enhance their information sharing, investigations, enforcement, training, and outreach. This could spell trouble for employers that fail to comply with misclassification and related provisions enforced by those agencies. The MOU will be in effect until December 2026. Either agency may cancel it with 90 days’ advance written notice to the other. We expect that the agencies will leverage this partnership to aggressively pursue violations of the wage and hour laws and the National Labor Relations Act (NLRA), particularly with regard to employee misclassification,