News & Analysis as of

Criminal Liability Wage and Hour Anti-Competitive

Womble Bond Dickinson

Wage Fixing & Anti-Poaching Defense: Feds Take New, Aggressive Stand on No-Poach/Non-Solicit Agreements

Womble Bond Dickinson on

Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition.  Antitrust issues can arise in every aspect of your...more

The Volkov Law Group

Antitrust Division Charges Health Care Staffing Company with Criminal Wage-Fixing and No-Poaching Agreement

The Volkov Law Group on

The Justice Department’s Antitrust Division is pushing criminal enforcement against companies for illegal wage-fixing among competitors in the hiring market. ...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...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

Mintz - Employment Viewpoints

DOJ Targets No-Poach Agreements Among Competitors

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for...more

Foley & Lardner LLP

Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement

Foley & Lardner LLP on

In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more

Arnall Golden Gregory LLP

A Review of the DOJ/FTC’s Antitrust Guidance for Human Resource Professionals

In October 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued an eleven-page joint guidance document entitled “Antitrust Guidance for Human Resource Professionals”...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Bass, Berry & Sims PLC

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

Bass, Berry & Sims PLC on

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

Bracewell LLP

Antitrust Agencies Release Guidance on Employee Hiring and Compensation

Bracewell LLP on

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law applies to employee hiring and...more

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