News & Analysis as of

Wage and Hour Antitrust Provisions

Robinson & Cole LLP

Cash for College Athletes, NIL Only Scratches the Surface

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Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more

Console and Associates, P.C.

Student Athletes Sue the NCAA Under the Fair Labor Standards Act

For many youths, playing on a college sports team is a dream come true. However, the reality of collegiate sports isn’t always as glamorous as aspiring athletes believe it to be. For example, the governing body of college...more

Lathrop GPM

Kentucky Federal Court Questions Proposed $5 Million Settlement in Anti-poaching Class Action

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Refusing to rubber-stamp a proposed $5 million anti-poaching class action settlement, a federal court in Kentucky has directed the plaintiff to provide additional information to allow proper consideration of the factors...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

Morgan Lewis

UK Competition and Markets Authority Advises Employers: No Poaching, Wage Fixing, or Information Sharing

Morgan Lewis on

The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that...more

Bilzin Sumberg

Eleventh Circuit Revives Putative Class Action Against Burger King for Violation of Federal Antitrust Laws Based on No-Poaching...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 20-13561 (11th Cir. Aug. 31, 2022) – In October 2018, a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint in the District Court...more

Troutman Pepper

First Circuit Holds Antitrust Labor-Dispute Exemption Applies to Independent Contractors’ Protest Activities

Troutman Pepper on

Q: Does federal antitrust law bar independent contractors from engaging in a group boycott to increase wages and alter conditions of employment?...more

Smith Gambrell Russell

[Event] Workplace 2022 – Labor & Employment: Next Level - May 17th, Jacksonville, FL

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Please join us for our 2022 Labor and Employment Seminar being held in Atlanta, GA, and Jacksonville, FL. Choose from one of three in-person options below....more

Smith Gambrell Russell

[Event] Workplace 2022 – Labor & Employment: Next Level - May 10th - 11th, Atlanta, GA

Smith Gambrell Russell on

Please join us for our 2022 Labor and Employment Seminar being held in Atlanta, GA, and Jacksonville, FL. Choose from one of three in-person options below....more

BakerHostetler

Against the Odds: Did a Court of Appeals Just Grant Independent Contractors the Right to Strike and Organize?

BakerHostetler on

On June 4, 1923, jockey Frank Hayes rode 20-1 long shot Sweet Kiss to victory at Belmont Park. While that seems impressive, what made the win even more memorable is that at some point during the race, poor Frank died....more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Hogan Lovells

Court of Appeals affirms limited injunction on NCAA compensation restrictions for student-athletes

Hogan Lovells on

On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to...more

McDermott Will & Emery

Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond

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As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more

McDermott Will & Emery

[Webinar] On The Horizon: Permissible Provider Collaborations During COVID-19 and Beyond - May 20th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more

Bricker Graydon LLP

COVID-19 Update: Beware of cooperation in the labor market

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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a joint statement alerting employers that the agencies intend to protect competition for workers by “enforcing the antitrust...more

Ballard Spahr LLP

FTC and DOJ Announce Monitoring of Employer Coordination that Disadvantages Workers During COVID-19

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The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly released a statement announcing their focus on anticompetitive conduct in U.S. labor markets...more

Cozen O'Connor

Employers, Staffers, and Recruiters Now on Notice of Antitrust Enforcement During COVID-19

Cozen O'Connor on

On April 13, 2020, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission (antitrust agencies) released a joint statement affirming that they will protect competition...more

Littler

Labor and Employment Issues Facing the Healthcare Industry

Littler on

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Jones Day

Jones Day Talks: Game Over? Alston and the Future of Pay-for-Play in College Sports

Jones Day on

In what has become known as the Alston or Jenkins case, a California district judge has issued a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation. The matter focused on NCAA rules that prohibit schools from...more

Cozen O'Connor

III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes

Cozen O'Connor on

This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more

Seyfarth Shaw LLP

U.S. District Court Denies Motion For Class Certification In Wage Suppression Antitrust Case

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Healthcare Employers Beware: DOJ Announces Criminal Investigation of Healthcare Human Resources Practices in the Midst of the...

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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

Smith Anderson

DOJ Cracks Down on No-Poach Agreements

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On April 3, 2018, the Department of Justice (DOJ) announced that it had “reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation, two of the world’s largest rail equipment suppliers, to...more

Seyfarth Shaw LLP

The Federal Antitrust and Labor Law Double Bind: The Ninth Circuit Hears Oral Argument in Challenge to Seattle’s Ordinance...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Monday, February 5, 2018, the U.S. Chamber of Commerce’s lawsuit challenging the City of Seattle’s ordinance allowing independent-contractor drivers to engage in collective bargaining was before the U.S....more

Bradley Arant Boult Cummings LLP

The (Exempt) Boys of Summer: 9th Circuit Upholds Minor League Baseball Antitrust Exemption in Wage Suit

Does Major League Baseball’s (MLB) farm league system violate federal antitrust laws? Not according to the 9th Circuit. As written about in this previous post from July 2016 and one from July 2015, numerous minor league...more

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