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Antitrust Provisions Hiring & Firing

Vedder Price

Mark Meador Confirmed as FTC Commissioner

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On April 10, 2025, the Senate confirmed Mark Meador to serve as the third Republican on the Federal Trade Commission (FTC) in a 50-46 party line vote. Commissioner Meador takes his seat on a Commission now comprised of three...more

CDF Labor Law LLP

A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements

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Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers....more

Troutman Pepper Locke

Trump Fires the Two Democratic FTC Commissioners: What This Means Going Forward

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On March 18, President Donald Trump dismissed the two Democratic commissioners from the Federal Trade Commission (FTC). The removal of Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter has sparked significant...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

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In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

Littler

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

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The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more

Troutman Pepper Locke

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

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In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Patterson Belknap Webb & Tyler LLP

Seventh Circuit Rescues McDonald’s Workers’ Challenge to No-Poach Clause

The Seventh Circuit recently revived an antitrust challenge to a clause in McDonald’s franchise agreements barring franchises from poaching other franchises’ employees. (See our previous coverage of antitrust challenges to...more

Quarles & Brady LLP

Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

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In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more

Bilzin Sumberg

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

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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

Perkins Coie

Antitrust Challenge to McDonald’s No-Poach Restriction Evaluated Under the Rule of Reason

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A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

Robinson & Cole LLP

Limiting Antitrust Exposure in the Employment Setting

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In what has commonly been referred to as the “Great Resignation,” nearly 50 million people voluntarily resigned from their jobs in 2021. The majority of those resigning sought a higher paying or better opportunity with...more

CDF Labor Law LLP

[Webinar] Consequences of No-Poach Agreements: Civil and Criminal - May 24th, 10:00 am - 11:00 am PT

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The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more

Womble Bond Dickinson

Antitrust Regulation And The Labor Market

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Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

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For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more

Littler

Ninth Circuit Indicates Restrictive Covenants in Collaborative Business-to-Business Agreements Can Escape Per Se Liability

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Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., was a game changer in California, overturning what was then approximately 30...more

Troutman Pepper Locke

No-Poach Franchise Case Dismissed Under Single-Entity Rule

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Are franchisees dependent offshoots of their franchisors, or are they standalone businesses capable of independent decision-making?...more

Troutman Pepper Locke

DOJ And FTC Warn Employers That Antitrust Laws Still Apply Amid COVID-19 Pandemic

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On April 13, the Federal Trade Commission’s Bureau of Competition and the Department of Justice’s Antitrust Division (the Agencies) issued a joint statement reiterating that antitrust laws protect U.S. labor markets even...more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

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In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Seyfarth Shaw LLP

A Solution in Search of a Problem? FTC Hosts Workshop to Consider Authority to Abolish Non-Competes

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Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

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On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Orrick - Trade Secrets Group

FTC Holds Workshop Examining Potential for Regulation of Non-Compete Agreements

After a busy year for non-compete regulation at the state level, the Federal Trade Commission (FTC) held a public workshop last Thursday in Washington D.C. to examine the legal basis and economic support for a contemplated...more

Faegre Drinker Biddle & Reath LLP

Top 10 Noncompete Developments of 2019

If there was any question about whether there is a growing national trend to limit the enforceability of noncompetition agreements, 2019 settled the matter. Seven states enacted new statutes designed to limit the...more

Epstein Becker & Green

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

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