Labor & Employment Antitrust & Trade Regulation

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DOJ/FTC Antitrust Guidance for HR Professionals Part 2

Last month, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance to human resources professionals, cautioning that they (and their companies) risk violating federal antitrust laws...more

Labor & Employment E-Note - November 2016

On November 16, 2016, a Texas federal judge announced at ahearing that his decision on whether to block the U.S. Department of Labor's ("DOL") new overtime rules from taking effect would be made by November 22,...more

Health Care E-Note - November 2016

You just formed your medical practice inAlabama, and you either chose a professional corporation (a “PC”) or an LLC. If you went with a PC, you got to choose between an “S” corporation (“S corp”) or a “C” corporation (“C...more

Six Tips to Help HR Professionals Avoid Criminal Antitrust Liability Under New DOJ/FTC Guidance

On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the...more

Do Your Employee-Recruiting Practices Make You A White-Collar Criminal?

You need to hire some employees, and you want to pay them well, but not more than necessary. You place a call to a friend who works for one of your competitors and ask what her company is paying new hires in these positions....more

U.S. Antitrust Agencies Issue Guidance for HR Professionals & Announce Intention to Criminally Prosecute Wage-Fixing and “No...

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively the “Agencies”) have issued new Antitrust Guidance for Human Resource Professionals. The new Guidance is designed to “alert human resource...more

DOJ, FTC Announce Plans to Criminally Prosecute Employers That Enter into Wage-Fixing or No-Poaching Agreements

In the fiercely competitive market for talent, human resources personnel and recruiters inevitably feel the competing pressures of offering compensation packages that are attractive to potential employees and keeping costs...more

White House Urges States to Reform Non-Competition Laws

On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more

HR Professionals Beware: Antitrust Violations in the Employment Arena May Subject Employers and their HR Personnel to Criminal...

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the “Agencies”) recently announced a policy shift in their enforcement priorities related to agreements among...more

Antitrust Agencies Issue Guidance To HR Professionals Regarding Hiring and Compensation Decisions

The U.S. Antitrust Agencies (the Antitrust Division of the Department of Justice and the Federal Trade Commission) recently issued a document entitled “Antitrust Guidance For Human Resource Professionals” intended to alert HR...more

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

New DOJ, FTC Antitrust Compliance Guidance for Human Resources Attacks No-Poaching Agreements

Criticizing non-solicitation of employees — or “no-poaching” — agreements as an alleged factor in holding back wage growth, the U.S. Department of Justice and the Federal Trade Commission have issued antitrust guidance on...more

Employers Beware - DOJ and FTC Issue Antitrust Guidance to HR Professionals

On October 20, 2016, the United States Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) jointly issued “Antitrust Guidance for Human Resource Professionals” (the “Guidance”) to educate...more

Antitrust Guidance for HR Professionals Raises Prospect of Criminal Prosecutions

The Antitrust Guidance for Human Resource Professionals issued by the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) on October 20, 2016 is not a change in law, but it is a fair warning to human resources...more

Antitrust Division Threatens Criminal Prosecution for Employment Practices: Antitrust Agencies Issue Joint Guidance on Employment...

Even in the absence of an agreement to fix compensation, simply exchanging competitively sensitive information could serve as evidence of an implicit illegal agreement. On October 20, the Department of Justice (DOJ) and...more

Department of Justice and Federal Trade Commission Issue Antitrust Liability Guidance for Human Resource Executives

In late October, the Federal Trade Commission and the Antitrust Division of the United States Department of Justice warned human resources professionals that so-called “no-poaching” agreements, in which companies agree not to...more

Non-Competition Restrictions

On October 25, 2016, the White House published a “State Call to Action,” urging states to reform their noncompetition laws. The Call to Action follows an earlier report from the White House which concluded that noncompetition...more

New York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use

On the same day that the White House released its “State Call to Action on Non-Compete Agreements,” encouraging states to adopt best practice policies in the enforcement of non-compete agreements, New York State’s Attorney...more

DOJ and FTC Release Antitrust Guidance for HR Professionals

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

Preemption by Any Other Name Would Smell as Sweet: The Exemption for “Pervasive and Intricate Regulation” by Another Field of Law

Courts often opine on the relationship between N.C. Gen. Stat. § 75-1.1 and other bodies of law. In a recent case, a federal court announced a rare holding of that type: a holding that another body of law regulates an area so...more

FTC/DOJ Guidance to Human Resource Professionals - Enforcement Scrutiny of Employment-Related Conduct

Last month, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued their Antitrust Guidance for Human Resource Professionals. The HR Guidance reflects the agencies' enhanced scrutiny in a realm that may not...more

FTC and DOJ Warn HR Professionals Against Anticompetitive Hiring and Compensation Agreements

On October 20, 2016, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) issued a joint Antitrust Guidance for Human Resources Professionals to address antitrust issues associated with...more

"Wage-Fixing, No-Poaching Agreements to Be Prosecuted Criminally Under New Guidance"

On October 20, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new guidance designed to help human resources professionals and their companies understand...more

HR Personnel (and Employers) Beware: Antitrust Enforcers Warn of Criminal Liability For Compensation, No-Poaching Pacts

Human Resources (HR) personnel are now specifically under the scrutiny of the antitrust enforcement agencies. The Department of Justice (DOJ) and Federal Trade Commission (FTC) are typically known for enforcing antitrust laws...more

Department of Justice Releases Guidance for Human Resources Professionals

On October 20, 2016, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) published a joint guidance for HR professionals to alert them to potential antitrust violations. Importantly, in addition to...more

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