Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13...more
1/30/2019
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Conspiracies ,
Employer Liability Issues ,
Healthcare ,
Nurses ,
Wage and Hour ,
Wage-Fixing ,
Wages
Seyfarth Synopsis: At the recent American Bar Association’s Antitrust in Healthcare conference, the Department of Justice (“DOJ”) reportedly advised that it has open criminal investigations into agreements among healthcare...more
6/1/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Healthcare ,
Hiring & Firing ,
Information Sharing ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more
4/13/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Employer Liability Issues ,
Franchise Agreements ,
Hiring & Firing ,
Joint Employers ,
No-Hire/No-Solicitation Agreements ,
Pending Litigation ,
Pizza Hut ,
Sherman Act ,
Single Entity Rule
Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. ...more
Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more
2/14/2018
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Faculty ,
FRCP 23(b)(3) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
Predominance Requirement
Seyfarth Synopsis: Criminal prosecution of “no-poaching/no-hire” agreements appears imminent. Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements....more
Seyfarth Synopsis: On October 20, the DOJ and the FTC jointly issued their Antitrust Guidance for HR Professionals, stating that DOJ intends to pursue employers criminally for alleged wage fixing and no-poaching agreements. ...more
According to an ESPN analyst, the PGA Tour “treats its caddies like outside dogs.” In apparent sympathy with the caddies’ plight, Judge Vince Chhabria of the U.S. District Court for the Northern District of California cited...more
A 2009 Department of Justice (“DOJ”) investigation of the employment and recruitment practices of a number of Silicon Valley technology companies resulted in DOJ lawsuits against seven companies, followed by consent decrees...more
2/12/2016
/ Antitrust Litigation ,
Class Action ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Just Compensation ,
Non-Solicitation Agreements ,
Oracle ,
Popular ,
Statute of Limitations ,
Wage and Hour
Two former employees sued Microsoft Corporation (“Microsoft”) in a class action, alleging that it unlawfully suppressed their wages by entering into multiple employee non-solicitation agreements with its competitors. The case...more