News & Analysis as of

Federal Trade Commission (FTC) Department of Justice (DOJ) Human Resources Professionals

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – February 2024

PilieroMazza PLLC on

Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process - The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business...more

Axinn, Veltrop & Harkrider LLP

Ending Where It Began?: DOJ No-Poach Prosecutions Take Another Hit

The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

Manatt, Phelps & Phillips, LLP

Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust Liability, Says 7th Circuit

Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division....more

Gould + Ratner LLP

Using AI in Human Resources: The Legal Landscape

Gould + Ratner LLP on

In Part I of this three -part series on artificial intelligence (AI) in the workplace, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In this Part II, we explore legal...more

Epstein Becker & Green

DOJ Fails Again in a No-Poach Prosecution

A Ruling and Order issued on April 28, 2023 by the U.S. District Court for the District of Connecticut in United States v. Patel, et al. ran the government’s losing streak to four failed trials seeking to criminally prosecute...more

Wilson Sonsini Goodrich & Rosati

Court Dismisses DOJ’s Latest “No-Poach” Case Before Jury Deliberations

In another blow to the U.S. Department of Justice’s (DOJ’s) efforts to criminalize “no-poach” and “wage-fixing” agreements, a federal judge terminated the DOJ’s latest “no-poach” case mid-trial before jury deliberations....more

K&L Gates LLP

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

K&L Gates LLP on

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

Lowenstein Sandler LLP

Is It Still Safe To Exchange Wage and Other Compensation-Related Information?

Lowenstein Sandler LLP on

Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more

Wilson Sonsini Goodrich & Rosati

DOJ Secures First Criminal Guilty Plea in a No-Poach Case

Nearly six years after the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) put human resource executives and their companies on notice that no-poach and wage-fixing agreements would be subject to...more

Epstein Becker & Green

FTC Reaches Agreement with NLRB to Further Protect Labor Markets

Epstein Becker & Green on

The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets. From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and...more

Epstein Becker & Green

Antitrust Enforcers Continue March to Protect Labor Markets in Health Care and Other Industries

Epstein Becker & Green on

On January 28, 2022, a federal grand jury in Maine returned an indictment charging four managers of home health care agencies with participating in a conspiracy to suppress the wages and restrict the job mobility of Personal...more

Dentons

Antitrust Concerns for Employers

Dentons on

In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

Wilson Sonsini Goodrich & Rosati

Update on DOJ “No-Poach” and “Wage-Fixing” Criminal Antitrust Prosecutions

It has been nearly a year since the U.S. Department of Justice's Antitrust Division (DOJ) made good on its promise to criminally charge companies that agree not to solicit each other's employees in so-called "no-poach"...more

Jackson Walker

New Biden Executive Order Places Increased Focus on Noncompete Agreements and Antitrust Enforcement

Jackson Walker on

On July 9, 2021, as part of an executive order announced to promote competition and increase wages for workers, President Biden directed the Federal Trade Commission to consider two key areas affecting employers: first, “to...more

BakerHostetler

Are Your Employment Practices Compliant With Antitrust and Non-Compete Laws?

BakerHostetler on

Introduction - A recent confluence of federal antitrust enforcement, state legislation and the Biden administration’s focus on labor markets has prompted many companies to revisit both their antitrust and human resource (HR)...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust In The Labor Market

That which is old is new again. The U.S. Department of Justice and plaintiffs’ lawyers are taking aim at non-solicitation agreements restricting mobility of labor. This isn’t something employers usually think about. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Brings First Criminal Challenges to Wage-Fixing and No-Poach Agreements

More than four years after the U.S. Department of Justice (DOJ) and U.S. Federal Trade Commission (FTC) jointly released the Antitrust Guidance for Human Resource Professionals in 2016 (Antitrust Guidance), the DOJ has...more

Latham & Watkins LLP

DOJ’s First Criminal Charges for Wage-Fixing and No-Poach Labor Agreements: 6 Key Takeaways

Latham & Watkins LLP on

With increased scrutiny of anticompetitive conduct in labor markets, companies need to adopt proactive compliance efforts to avoid prosecution. The US Department of Justice’s (DOJ’s) Antitrust Division recently announced...more

Wilson Sonsini Goodrich & Rosati

DOJ Brings First Criminal “No Poach” and “Wage-Fixing” Antitrust Prosecutions

The U.S. Department of Justice's Antitrust Division (DOJ) has made good on a promise it made over four years ago to criminally charge companies that agree not to solicit each other's employees in so-called "no poach"...more

BakerHostetler

Franchise No-Poach Agreements: Is Reform on The Horizon?

BakerHostetler on

In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust...more

Morrison & Foerster LLP

DOJ Brings First Criminal Wage-Fixing Prosecution

Morrison & Foerster LLP on

The Antitrust Division of the Department of Justice (“DOJ”) recently announced its first-ever criminal wage-fixing prosecution. The DOJ likely intends this case to be a wake-up call to companies, executives, and HR...more

Goodwin

U.S. Labor Markets: FTC and DOJ On High Alert For Employer Collusion

Goodwin on

The U.S. Antitrust Agencies have issued a joint statement reminding companies that the current pandemic does not excuse collusive conduct and that the Agencies are on alert searching for potential violations....more

Miles & Stockbridge P.C.

No-poach Agreements Continue to Take Center Stage in 2019

‘No-poach’ agreements between businesses not to compete with each other for employees have long been held unlawful under Section 1 of the Sherman Antitrust Act, which prohibits certain restraints on trade and competition....more

Orrick - Antitrust Watch

DOJ Publishes Statements Clarifying Its Analysis of No-Poach Agreements – But Questions Remain

Since issuing the DOJ/FTC Antitrust Guidance for Human Resource Professionals in 2016, the DOJ Antitrust Division has remained active in enforcing and commenting on agreements among employers not to compete for hiring...more

96 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide