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Human Resources Professionals Wage-Fixing

Davies Ward Phillips & Vineberg LLP

Employers Beware: Amendments to the Canadian Competition Act’s Criminal Conspiracy Provisions Take Effect

Amendments to the Canadian Competition Act (Act), taking effect on June 23, 2023, will make it a criminal offence for unaffiliated employers to agree, conspire or arrange to: •“fix, maintain, decrease or control salaries,...more

Bennett Jones LLP

Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Bennett Jones LLP on

Competition Bureau Publishes Related Enforcement Guidelines Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of...more

Epstein Becker & Green

DOJ Fails Again in a No-Poach Prosecution

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

Wilson Sonsini Goodrich & Rosati

Court Dismisses DOJ’s Latest “No-Poach” Case Before Jury Deliberations

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

K&L Gates LLP

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

K&L Gates LLP on

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

Bennett Jones LLP

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage-Fixing and No-Poaching Agreements

Bennett Jones LLP on

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

Bennett Jones LLP

Canada's Federal Court of Appeal Ends Debate on "Buy-Side" Conspiracies

Bennett Jones LLP on

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

Fisher Phillips

Feds on Verge of First-Ever Successful Criminal Prosecution in Workplace Antitrust Action: 6 Compliance Tips for Employers

Fisher Phillips on

The U.S. Department of Justice appears to be close to reaching a plea deal that would result in the nation’s first-ever successful criminal prosecution of a workplace-related antitrust matter – and it should send a clear...more

Davies Ward Phillips & Vineberg LLP

Federal Government Enacts Significant Amendments to Canada’s Competition Act

Significant amendments to Canada’s Competition Act (Act) were enacted on June 23, 2022, with the passing of the federal government’s 2022 budget implementation legislation. The amendments foreshadow more aggressive...more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney

Maynard Nexsen on

For this very special 100th episode of Taking the Pulse, we're joined by Nexsen Pruet attorney Marguerite Willis. Marguerite is a highly experienced litigator, and was featured on the cover of the latest Super Lawyers...more

Wilson Sonsini Goodrich & Rosati

First DOJ Criminal Wage-Fixing and No-Poach Trials End in Acquittals

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

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Epstein Becker & Green

Antitrust Enforcers Continue March to Protect Labor Markets in Health Care and Other Industries

Epstein Becker & Green on

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

Dentons

Antitrust Concerns for Employers

Dentons on

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

Wilson Sonsini Goodrich & Rosati

Update on DOJ “No-Poach” and “Wage-Fixing” Criminal Antitrust Prosecutions

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

Hogan Lovells

Wage Watchers in Brussels - European Commission focuses on agreements in the labour market

Hogan Lovells on

Antitrust authorities are increasingly focused on anticompetitive agreements in the labour markets. In a recent speech held in Rome on 22 October 2021 ("A New Era of Cartel Enforcement"), EU Competition Commissioner Margrethe...more

Hogan Lovells

Wage Watchers nun auch in Brüssel - EU Kommission nimmt Absprachen im Personalbereich in den Fokus

Hogan Lovells on

Absprachen im Personalbereich rücken zunehmend in den Fokus der Kartellbehörden. EU Wettbewerbskommissarin Margrethe Vestager hat jüngst am 22. Oktober 2021 in einer Rede in Rom ("A New Era of Cartel Enforcement")...more

The Volkov Law Group

HR and CCOs Watch Out!! — The Antitrust Division Doubles Down on Labor Market Criminal Cartel Activity

The Volkov Law Group on

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

Arnall Golden Gregory LLP

A New Trend in Antitrust Enforcement: Wage Fixing and "No-Poach" Agreements

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...more

Jackson Walker

New Biden Executive Order Places Increased Focus on Noncompete Agreements and Antitrust Enforcement

Jackson Walker on

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

BakerHostetler

Are Your Employment Practices Compliant With Antitrust and Non-Compete Laws?

BakerHostetler on

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

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Brings First Criminal Challenges to Wage-Fixing and No-Poach Agreements

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

Latham & Watkins LLP

DOJ’s First Criminal Charges for Wage-Fixing and No-Poach Labor Agreements: 6 Key Takeaways

Latham & Watkins LLP on

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

Lowenstein Sandler LLP

Agreeing With A Competitor To Fix Employee Wages Will Get You Indicted. Agreeing Not To Solicit Each Other’s Employees Might Also.

Lowenstein Sandler LLP on

Within the past month, the Department of Justice Antitrust Division (the Division), in two separate matters, indicted a former owner of a health care staffing company for participating in a conspiracy to fix prices by...more

Wilson Sonsini Goodrich & Rosati

DOJ Brings First Criminal “No Poach” and “Wage-Fixing” Antitrust Prosecutions

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

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