News & Analysis as of May 30, 2025

Enforcement Actions

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

FTC Launches Task Force To Investigate and Prosecute ‘Unfair’ No-Poach, Noncompetes and Other Labor-Market Practices

BakerHostetler on 2/28/2025

The Federal Trade Commission (FTC) will continue its focus on “unfair” competition in the labor markets – including the use of noncompete, no-poach and no-hire agreements – albeit with a seemingly more targeted approach than...more

The DOJ Gets the Green Light in its Latest No-Poach Criminal Prosecution

Foley Hoag LLP - White Collar Law &... on 12/23/2022

It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more

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

Perkins Coie on 7/6/2022

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

DOJ Faces Two Strikeouts in First Health Care Wage-Fixing and “No Poach” Prosecutions

Polsinelli on 4/21/2022

On April 14, 2022, a Texas jury returned five not-guilty verdicts on six charges considered in the first federal criminal wage-fixing prosecution. A day later, on April 15, 2022, a Colorado federal jury entirely acquitted...more

Prominent Services Contractors Ensnared in No-Poach Class Action

Vinson & Elkins LLP on 9/23/2021

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

DOJ Antitrust’s Ongoing Criminal Investigation of Labor Market Collusion in Health Care Industry Nets DaVita and Former CEO

The Volkov Law Group on 7/19/2021

The health care industry is taking it on the chin these days. As DOJ increases False Claims Act prosecutions, the primary targets are pharmaceutical, medical device and health care providers. ...more

US DOJ Adds Complexity to Enforcement of “No-Poach” Agreements under Antitrust Law

McDermott Will & Emery on 3/14/2019

On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be...more

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

Troutman Pepper Locke on 4/5/2018

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

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