August 18, 2022

Labor and Employment Newsletter

3 min

Welcome to Our Inaugural Newsletter Takeover Edition!

Featuring Timely News and Analysis from the Advertising and Marketing Team

We are pleased to offer a fresh perspective via our first-ever takeover issue of the Labor and Employment Newsletter! In light of recent joint regulatory and enforcement actions from the Federal Trade Commission and National Labor Relations Board to enhance worker protections, we invited contributors to Venable's All About Advertising Law blog to share their insights on the latest advertising and marketing developments affecting employers. This special issue will deliver thoughtful content from our guest authors to help inform your business decisions and address the most pressing legal issues keeping you up at night.

To ensure we continue to touch upon issues that are of concern to you, we invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


FTC Joins Forces with NLRB to Further Its Gig Economy and Worker Protection Agenda

We recently discussed the various ways in which the Federal Trade Commission (FTC) is focusing on worker protections in the gig economy. Though we didn't have a crystal ball to foresee it, the FTC announced that it is furthering those efforts through a new partnership with the National Labor Relations Board (NLRB). On July 19, 2022, FTC Chair Lina Khan and NLRB General Counsel Jennifer Abruzzo signed a Memorandum of Understanding (MOU) on behalf of their respective agencies to "promote interagency collaboration," to enhance enforcement efforts, and to "better root out practices that harm workers."

Gig Platforms, Wake Up. All Eyes Are Upon You.

Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub, AirBnB, DoorDash, TaskRabbit, and Angie's List has allowed for greater participation in today's booming gig economy, with 16% of all U.S. adults having reported earning money through an online gig platform in a 2021 survey.

CFPB Considers Whether to Regulate Certain Employer-Employee Arrangements as Financial Products

The Consumer Financial Protection Bureau (CFPB), under Director Rohit Chopra's leadership, has taken the first step toward regulating what the CFPB describes as "employer-driven debt," which refers to a range of employment arrangements and practices that could result in an employee owing money to an employer (or other third party), such as requiring employees to make up-front purchases of equipment and supplies or to repay their employer for training if the employee leaves before a certain time frame.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.