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
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
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
‘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
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