After Building Service Workers Mobilize, FTC Stops Secret No-Hire Agreements

Raymond Pearson , a 36-year-old concierge in Guttenberg , New Jersey , has been subject to an agreement between his building’s homeowners’ association ( HOA ) and his employer, Planned Companies .

That deal, made without his knowledge in a contract he is not party to, blocked him from working directly for the building, or for another contractor at the building.

Such arrangements have historically helped giant companies avoid basic responsibilities like overtime and workers’ compensation.

The FTC ruled that Planned 's no-hire agreements violate antitrust laws.

The order came from all five commissioners of the FTC , though the Republicans disagreed.

The FTC said Planned must stop enforcing these agreements, stop including them in contracts, and “notify customers’ customers that are currently subject to such agreements” The order is sweeping.

The FTC clarified that independent contractors, like gig workers, are allowed to engage in collective bargaining with employers.

Unionization could be a powerful tool to prevent exploitation in the fissured workplace.

But given U.S. labor law, and employers’ tactics, unionizing can be a difficult hurdle, too.