The U.S. Department of Justice’s recent criminal prosecutions of health care executives for no-poach and wage-fixing conspiracies have been met with not-guilty verdicts. Despite these losses, the Department continues to prosecute this conduct, and antitrust enforcers will continue to investigate human resources practices that may restrain competition.

Given the push by antitrust enforcers to investigate and prosecute alleged restraints of competition in various labor markets, it is important for healthcare employers to ensure their HR practices conform with antitrust laws. This can include:

• Reviewing current employment practices and agreements
• Providing antitrust training for those who participate in hiring and compensation activities
• Committing to a strong and dynamic compliance program that will account for the evolving law in this area

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