News & Analysis as of

Wage and Hour Anti-Competitive

Conn Maciel Carey LLP

FTC Targets Employers Utilizing Worker Surveillance Technologies

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When used appropriately, worker surveillance technologies like time and attendance software, video surveillance systems, GPS tracking software, and biometric technology can benefit employers in a variety of ways, including by...more

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

BCLP on

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

Stikeman Elliott LLP on

On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more

Bilzin Sumberg

Eleventh Circuit Revives Putative Class Action Against Burger King for Violation of Federal Antitrust Laws Based on No-Poaching...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 20-13561 (11th Cir. Aug. 31, 2022) – In October 2018, a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint in the District Court...more

Perkins Coie

Recent Large Government Settlements Reflect Unique Risks to Employers for Antitrust Violations

Perkins Coie on

Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more

Mintz - Antitrust Viewpoints

Foul Play: DOJ Files Lawsuit and Proposed Consent Decrees with Poultry Processors over Wage Suppression Conspiracy

On July 25, 2022, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a civil complaint in the U.S. District Court for the District of Maryland alleging that poultry processors, Cargill Inc. and Cargill...more

Polsinelli

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

Polsinelli on

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

The Volkov Law Group

Antitrust Division Indicts Four Individuals for Wage Fixing in Labor Markets (Part III of III)

The Volkov Law Group on

Criminal antitrust is burning a path in prosecuting illegal wage-fixing agreements in labor markets.  The Justice Department warned companies over five years ago and now DOJ is executing on its warning.  Over the last two...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

Womble Bond Dickinson

Wage Fixing & Anti-Poaching Defense: Feds Take New, Aggressive Stand on No-Poach/Non-Solicit Agreements

Womble Bond Dickinson on

Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition.  Antitrust issues can arise in every aspect of your...more

The Volkov Law Group

Antitrust Division Charges Health Care Staffing Company with Criminal Wage-Fixing and No-Poaching Agreement

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The Justice Department’s Antitrust Division is pushing criminal enforcement against companies for illegal wage-fixing among competitors in the hiring market. ...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...more

The Volkov Law Group

DOJ’s Antitrust Division Launches Two Criminal Prosecutions of Illegal No-Poach and Wage-Fixing Agreements

The Volkov Law Group on

The Antitrust Division has warned companies that it would bring criminal indictments against companies that enter into illegal no-poach or wage-fixing agreements.  The Antitrust Division has now put its money where its mouth...more

Robins Kaplan LLP

Financial Daily Dose 7.15.2020 | Top Story: America’s Biggest Banks Setting Aside Tens of Billions for Anticipated Loan Losses

Robins Kaplan LLP on

The latest quarterly reporting shows that America’s biggest banks—among them, JPMorgan, Citigroup, and Wells Fargo—are taking self-imposed hits now in anticipation of a “wave of loan losses” later. Those three are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Latvia’s Labor Code Now Allows Industry Collective Agreements to Reduce Supplements for Overtime Work

To prevent unfair competition and so called “wage dumping” in certain sectors, recent amendments to the Latvian Labor Code allow employers in industries covered by an industry collective agreement, or general agreement, to...more

BakerHostetler

The Government's Friendly Reminder for Employers in Times of Crisis: No COVID-19 Exception to Antitrust Law Exists

BakerHostetler on

The pandemic has resulted in worker layoffs, furloughs, and terminations erasing nearly overnight the nation’s record low unemployment and ballooning the number of unemployment claims this last week to over 4.4 million....more

Bricker Graydon LLP

COVID-19 Update: Beware of cooperation in the labor market

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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a joint statement alerting employers that the agencies intend to protect competition for workers by “enforcing the antitrust...more

Ballard Spahr LLP

FTC and DOJ Announce Monitoring of Employer Coordination that Disadvantages Workers During COVID-19

Ballard Spahr LLP on

The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly released a statement announcing their focus on anticompetitive conduct in U.S. labor markets...more

Cozen O'Connor

Employers, Staffers, and Recruiters Now on Notice of Antitrust Enforcement During COVID-19

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On April 13, 2020, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission (antitrust agencies) released a joint statement affirming that they will protect competition...more

Jones Day

Jones Day Talks: Game Over? Alston and the Future of Pay-for-Play in College Sports

Jones Day on

In what has become known as the Alston or Jenkins case, a California district judge has issued a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation. The matter focused on NCAA rules that prohibit schools from...more

Cozen O'Connor

III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes

Cozen O'Connor on

This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more

Holland & Knight LLP

SIC Archiva Investigación al Aceptar Ofrecimiento de Garantías por Parte de Empresa Investigada

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Luego de seis años, la Superintendencia de Industria y Comercio (SIC) en Colombia archiva nuevamente una investigación al aceptar las garantías ofrecidas por una de las empresas investigadas. Se trata de la investigación...more

Holland & Knight LLP

SIC Accepts Guarantees Offered by Investigated Company and Closes Investigation

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After six years, Colombia's Superintendence of Industry and Commerce (SIC) has again closed an investigation after accepting guarantees offered by the investigated companies. It concerns the investigation initiated against a...more

Mintz - Employment Viewpoints

DOJ Targets No-Poach Agreements Among Competitors

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for...more

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