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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
‘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
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