AGG Talks: Antitrust and White-Collar Crime Roundup - Inside the World of No-Poach Investigations and Indictments
#WorkforceWednesday: ACA Preventive Coverage Mandate Blocked, Another No-Poach Loss for DOJ, and Employers Prepare for the End of the COVID-19 Emergencies - Employment Law This Week®
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
The Latest on Antitrust Compliance
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Employee Mobility
II-31- The Changing 9 to 5 From 1980 to Today
Employment Law This Week®: Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at NLRB, NYC’s “Cooperative Dialogue” Requirements
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor...more
Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more
On January 16, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued “Antitrust Guidelines for Business Activities Affecting Workers” (2025 Guidelines). The 2025 Guidelines aim to “promote clarity and...more
In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more
On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers, replacing the 2016 Antitrust Guidance for Human Resource...more
The Belgian Competition Authority recently rendered a decision imposing significant fines totaling EUR 47 million on competitors guilty of a variety of anti-competitive agreements, including ‘no-hire’ clauses....more
Historically, enforcement of noncompete agreements has been a subject of state law, not federal law. States have taken many different approaches to the agreements. A few states have enacted laws that ban the enforcement of...more
Just over a year into the implementation of the Washington, D.C. Ban on Non-Compete Agreements, as amended by the Non-Compete Clarification Amendment Act of 2022 (together, the “D.C. Non-Compete Ban”), the District of...more
Wage-fixing and “no-poach” agreements between employers are now illegal under the Competition Act, subject to limited exceptions. While the Competition Bureau has issued guidelines regarding its intended approach to enforcing...more
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
Le 23 juin 2023, la nouvelle disposition de la Loi sur la concurrence (la « Loi ») rendant les accords de fixation des salaires et de non-débauchage illégaux et passibles de lourdes sanctions au criminel entrera en vigueur....more
On June 23, 2023, the new criminal provision under the Competition Act (Act) prohibiting wage-fixing and no-poach agreements comes into force. This pending change in the law involves the potential for significant criminal and...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
When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023. Section...more
Le 18 janvier 2023, le Bureau de la concurrence du Canada (le « Bureau ») a publié le projet des lignes directrices très attendues (le « projet de lignes directrices ») sur son approche quant à la nouvelle interdiction...more
On January 18, 2023, Canada’s Competition Bureau (Bureau) published, in draft, highly anticipated guidance (Draft Guidance) outlining its views on the new criminal prohibition against agreements or arrangements between...more
On June 23, 2022, Canada’s Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent and amended Canada’s Competition Act. The Competition Act applies to all businesses operating in Canada, whether they are...more
The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....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
In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus...more
Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more
On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the...more
So yesterday I discussed some background related to anti-poaching and non-compete law. Today, I explain why the decision in Pittsburgh Logistics Systems provides a helpful analogue to franchising...more