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Department of Justice (DOJ) Wage and Hour Human Resources Professionals

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

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

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

Gould + Ratner LLP

Using AI in Human Resources: The Legal Landscape

Gould + Ratner LLP on

In Part I of this three -part series on artificial intelligence (AI) in the workplace, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In this Part II, we explore legal...more

Wilson Sonsini Goodrich & Rosati

Court Dismisses DOJ’s Latest “No-Poach” Case Before Jury Deliberations

In another blow to the U.S. Department of Justice’s (DOJ’s) efforts to criminalize “no-poach” and “wage-fixing” agreements, a federal judge terminated the DOJ’s latest “no-poach” case mid-trial before jury deliberations....more

Wilson Sonsini Goodrich & Rosati

First DOJ Criminal Wage-Fixing and No-Poach Trials End in Acquittals

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

Epstein Becker & Green

Antitrust Enforcers Continue March to Protect Labor Markets in Health Care and Other Industries

Epstein Becker & Green on

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

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

Hogan Lovells

Wage Watchers nun auch in Brüssel - EU Kommission nimmt Absprachen im Personalbereich in den Fokus

Hogan Lovells on

Absprachen im Personalbereich rücken zunehmend in den Fokus der Kartellbehörden. EU Wettbewerbskommissarin Margrethe Vestager hat jüngst am 22. Oktober 2021 in einer Rede in Rom ("A New Era of Cartel Enforcement")...more

Jackson Walker

New Biden Executive Order Places Increased Focus on Noncompete Agreements and Antitrust Enforcement

Jackson Walker on

On July 9, 2021, as part of an executive order announced to promote competition and increase wages for workers, President Biden directed the Federal Trade Commission to consider two key areas affecting employers: first, “to...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

Wilson Sonsini Goodrich & Rosati

DOJ Brings First Criminal “No Poach” and “Wage-Fixing” Antitrust Prosecutions

The U.S. Department of Justice's Antitrust Division (DOJ) has made good on a promise it made over four years ago to criminally charge companies that agree not to solicit each other's employees in so-called "no poach"...more

Foley & Lardner LLP

But I'm in HR - What Do You Mean I Can Go to Jail?

Foley & Lardner LLP on

Wage and hour laws. Child labor laws. OSHA laws. Immigration laws. When employers do not comply with these types of employment laws, civil charges and lawsuits are not the only thing that can happen. In what may come as...more

Miles & Stockbridge P.C.

No-poach Agreements Continue to Take Center Stage in 2019

‘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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...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

Smith Anderson

DOJ Cracks Down on No-Poach Agreements

Smith Anderson on

On April 3, 2018, the Department of Justice (DOJ) announced that it had “reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation, two of the world’s largest rail equipment suppliers, to...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

Foley & Lardner LLP

Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement

Foley & Lardner LLP on

In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Mintz - Employment Viewpoints

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

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

Maynard Nexsen

Employers are Subject to Criminal Antitrust Charges for Wage-Fixing and No-Poaching Agreements

Maynard Nexsen on

On January 19, 2018, the Assistant Attorney General for Antitrust, Makan Delrahim, announced that in the coming months the Department of Justice (DOJ) expects to bring its first criminal antitrust charges involving agreements...more

Arnall Golden Gregory LLP

A Review of the DOJ/FTC’s Antitrust Guidance for Human Resource Professionals

In October 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued an eleven-page joint guidance document entitled “Antitrust Guidance for Human Resource Professionals”...more

Jackson Lewis P.C.

Are You Ready for Some Football? A Pocket Playbook for HR Managers Navigating Competitive Recruiting

Jackson Lewis P.C. on

Just five days before Super Bowl LI, the intersecting crosshairs of antitrust and employment law class actions zeroed in on its latest target: the National Football League. On January 31, 2017, a former cheerleader for the...more

McGuireWoods LLP

DOJ/FTC Antitrust Guidance for HR Professionals Part 2

McGuireWoods LLP on

Last month, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance to human resources professionals, cautioning that they (and their companies) risk violating federal antitrust laws...more

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