News & Analysis as of

Competition Wage and Hour Hiring & Firing

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

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

Vinson & Elkins LLP

DOJ's Aggressive Pursuit of 'No Poachers'

Vinson & Elkins LLP on

On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust In The Labor Market

That which is old is new again. The U.S. Department of Justice and plaintiffs’ lawyers are taking aim at non-solicitation agreements restricting mobility of labor. This isn’t something employers usually think about. ...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Perkins Coie

DoJ Employee "No-Poach" Antitrust Consent Decree Sharpens Compliance Teeth

Perkins Coie on

The U.S. Department of Justice (DoJ) filed a complaint recently alleging that competing railroad equipment manufacturers Knorr-Bremse AG, Westinghouse Air Brake Technologies Corporation (Wabtec) and Faiveley Transport S.A....more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

Cozen O'Connor on

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

Holland & Knight LLP

There’s a Safe Way to Conduct Employee Compensation Surveys

Holland & Knight LLP on

With the Justice Department now publicly cracking down on arrangements between employers such as so-called "no-poaching" agreements, what's an employer to do to make sure its compensation for employees with highly portable...more

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