News & Analysis as of

Wage and Hour Competition

Seyfarth Shaw LLP

Washington Supreme Court Rejects Noncompete Provision Barring Employees Competitors

Seyfarth Shaw LLP on

A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of...more

Wilson Sonsini Goodrich & Rosati

FTC on the Job: Chairman Ferguson Announces Labor Task Force

Since at least the October 2016 publication of the Federal Trade Commission’s (FTC) and U.S. Department of Justice’s (DOJ) joint Antitrust Guidance for Human Resource Professionals, federal antitrust enforcers have...more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

Baker Donelson on

Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ–FTC Antitrust Guidelines for Business Activities Affecting Workers: Key Changes and Practical Takeaways

While the original guidelines focused primarily on per se illegal wage-fixing and no-poach agreements, the 2025 Guidelines illustrate a significant expansion in enforcement, broadening scrutiny to compensation benchmarking,...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

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

Troutman Pepper Locke

FTC and DOJ Issue Antitrust Guidelines for Business Activities Affecting Workers

Troutman Pepper Locke on

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

Morrison & Foerster LLP

Washington Supreme Court Indicates Agreements Prohibiting Employees from Working for Competitors During Employment May Violate...

On January 23, 2025, the Washington Supreme Court held that two Washington workers can argue that their former employer imposed unreasonable restrictions in violation of a state statute regulating non-compete agreements that...more

Skadden, Arps, Slate, Meagher & Flom LLP

The DOJ and FTC Release New Guidance for Business Activities Affecting Workers

On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines),...more

Epstein Becker & Green

Agencies Issue Antitrust Guidelines for Business Practices Impacting Workers

Epstein Becker & Green on

On January 16, 2025, the U.S. Department of Justice and the Federal Trade Commission (together, “the agencies”) jointly issued Antitrust Guidelines for Business Activities Affecting Workers. The newly issued guidelines...more

McGuireWoods LLP

DOJ, FTC Issue Updated Antitrust Guidance for Employers on Business Activities Affecting Workers

McGuireWoods LLP on

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

Proskauer - Regulatory & Compliance

Countdown to 2025: New HSR Premerger Disclosure Rules

The Federal Trade Commission (“FTC” or the “Commission”) has announced a final rule (the “Final Rule”) significantly expanding the premerger notification and reporting requirements under the Hart‑Scott‑Rodino Antitrust...more

Jaburg Wilk

The First Circuit Limits California’s Noncompete Ban

Jaburg Wilk on

On September 26, 2024, the First Circuit Court of Appeals ruled against extending California’s strict noncompete ban to agreements executed outside of California and governed by another state’s law. This decision highlights...more

Alston & Bird

Class Action & MDL Roundup 2024 Q2 – We Are Administratively Feasible

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2024. In this edition, there can be only one claim form for many, broiler chickens are coming home to...more

Holland & Knight LLP

The U.S. Chamber of Commerce Sues the FTC Over Power Grab

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the U.S. Chamber of Commerce's decision to sue the Federal Trade Commission (FTC) over its rule banning...more

Constangy, Brooks, Smith & Prophete, LLP

What employers can learn from the OpenAI drama

Know your employees. On November 17, OpenAI, the leading artificial intelligence company behind ChatGPT, announced that it had removed Sam Altman as the company’s CEO. Mr. Altman has been a long-time well-respected...more

Axinn, Veltrop & Harkrider LLP

Ending Where It Began?: DOJ No-Poach Prosecutions Take Another Hit

The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more

Constangy, Brooks, Smith & Prophete, LLP

Are your employees working more than one job?

The pandemic altered some employment norms. The COVID-19 pandemic has altered a variety of employment norms. There is considerable debate about which changes are transient and which are more durable, particularly given...more

Morgan Lewis

UK Competition and Markets Authority Advises Employers: No Poaching, Wage Fixing, or Information Sharing

Morgan Lewis on

The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that...more

Groom Law Group, Chartered

With Proposed Non-Compete Ban, the FTC Joins the Executive Compensation Regulatory Landscape

Employers are accustomed to following rules related to executive compensation from the DOL, IRS, and SEC.  It may be time to add a new acronym to the list – the Federal Trade Commission (“FTC”)....more

Littler

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

Littler on

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

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

Littler

Canada’s Competition Act Will Soon Criminally Prohibit Wage-Fixing and No-Poaching Agreements Between Unaffiliated Employers

Littler on

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

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2022

Seyfarth Shaw LLP on

Annnnd We're Back: Legislative Update. We appreciate this audience bearing with us as this newsletter has been on a short hiatus in light of some scheduling issues. During that brief respite numerous different pieces of...more

Husch Blackwell LLP

FAQs: Colorado Further Limits Restrictive Covenants

Husch Blackwell LLP on

Last week, Colorado’s General Assembly passed major revisions to Colorado’s statutory limitations on restrictive covenants, which include covenants limiting competition, the solicitation of customers, and the use and...more

46 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide