Managing the Compliance-HR Relationship
Strategic HR Insights with Kelly Mitchell
A Guide to Running Background Checks: What's the Tea in L&E?
Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline
Fostering Teamwork: Lessons From the Dynamic Duo of Monsters, Inc. — Hiring to Firing Podcast
Building a Solid HR Foundation in Healthcare Practices
Employment Law Now VIII-158 - DEI Developments and Executive Coaching
PODCAST: Williams Mullen's Benefits Companion - Good News for the ACA in 2025
Now Is the Time to Conduct I-9 Audits: What's the Tea in L&E?
(Podcast) California Employment News: AB 2499 – Expanded Rights & Protections for Victims of Violence in the Workplace
California Employment News: AB 2499 – Expanded Rights & Protections for Victims of Violence in the Workplace
Office Holiday Parties: Legal Insights and Best Practices from Office Christmas Party and Love Actually — Hiring to Firing Podcast
Navigating Multigenerational Dynamics: Inspired by The Intern — Hiring to Firing Podcast
Employment Law Now VIII-152 - Part 2 of 2 on the Pregnant Workers Fairness Act (Attorney Interview)
DEI for the Savvy Employer: Navigating Challenges and Maximizing Opportunities
Compliance and Psychological Safety
Work This Way: A Labor & Employment Law Podcast - Episode 35: Navigating Union Campaigns with Armando Llorente of Llorente HR Consulting
DE Talk | How SMBs Can Use AI Hiring Tech in Inclusive Ways
Reel Shorts | Labor & Employment: Navigating AI Compliance Risks in Recruiting
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 34: Generations in the Workplace with Caroline Warner of the South Carolina Power Team, Part 2
In April 2025, a Nevada federal jury convicted Eduardo Lopez, a home healthcare staffing executive, for fixing the wages of home health nurses. The conviction marks the Department of Justice Antitrust Division’s (DOJ) first...more
We live in a topsy-turvy world. This is an exaggeration but sets up my points in this blog post. We are now seeing the shuffling of corporate risks and every board, C-Suite and legal, compliance and risk management team has...more
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
In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more
Last year, the Competition Act was amended to make it a criminal offense for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. As we discussed last summer, these new provisions come into...more
On August 17, 2022, Canada's Federal Court of Appeal agreed with a growing consensus of lower courts that section 45 of the Competition Act does not apply to "buy-side" conspiracies, such as agreements between employers with...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
In 2016, the U.S. Department of Justice Antitrust Division (DOJ) announced that it would criminally prosecute no-poach and wage-fixing agreements for the first time. Indeed, the DOJ has backed this up by bringing a number of...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
The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution. This was not unexpected. Indeed, the Antitrust Division gave plenty of warning to companies that criminal...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 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
‘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
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
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action...more
As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more
The Antitrust Division of the Department of Justice (“DOJ”) has indicated that, in the coming months, it intends to criminally prosecute companies that have entered into naked no-poaching agreements for violation of the...more
Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more
The Assistant Attorney General for the Antitrust Division of the Department of Justice (DOJ) recently announced that the DOJ is currently developing criminal cases against companies who form agreements not to hire each...more
1. Transition to a Trump Administration is top of the agenda - President-elect Donald Trump's DOJ and FTC transition team appointments and public short list of candidates to run the agencies indicate that antitrust...more
You need to hire some employees, and you want to pay them well, but not more than necessary. You place a call to a friend who works for one of your competitors and ask what her company is paying new hires in these positions....more
On October 20, 2016, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ,” collectively the “Agencies”) issued guidance for human resource professionals involved in hiring and...more
On October 20, the DOJ Antitrust Division and the Federal Trade Commission issued joint guidance for human resources ("HR") professionals regarding the potential antitrust dangers created when competitors make joint decisions...more
Companies across industries should review hiring policies pre-emptively to avoid serious law enforcement consequences. On October 20, 2016, the Department of Justice’s Antitrust Division (Antitrust Division) and the...more