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Employer Liability Issues Criminal Prosecution Department of Justice (DOJ)

Alston & Bird

DOJ’s Whistleblower Financial Incentive Escalates Risk for Employers

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Our Immigration Team inspects how the Department of Justice (DOJ) is using its new whistleblower incentives to prioritize investigating employers’ potential criminal immigration activity....more

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

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A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

McAfee & Taft

Employer criminally charged for harboring unauthorized workers

McAfee & Taft on

With the recent filing of federal criminal charges against an employer, immigration enforcement actions have escalated to a new level. Leonardo Baez and Alicia Avila-Guel have owned and operated Abby’s Bakery and Dulce’s...more

Fox Rothschild LLP

Employers Charged for ‘Harboring’ Unauthorized Foreign Workers

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The indictment this week of the owners of a Texas bakery on harboring charges is proof that the Trump administration has made immigration enforcement a top priority, targeting both unauthorized foreign nationals and the...more

Jackson Walker

DOJ Enforcing Criminal Penalties When Employers Fail to Comply

Jackson Walker on

The Department of Justice (DOJ) has issued a memo indicating a significant policy shift to prioritize immigration enforcement and expand the use of criminal statutes to address illegal immigration. The DOJ will support the...more

Fisher Phillips

Top 5 Takeaways for Employers as Attorney General Announces Aggressive Immigration Stance

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The Department of Justice (DOJ) recently announced a significant shift in immigration enforcement policy under Attorney General Pam Bondi’s leadership, prioritizing aggressive prosecution of immigration-related violations –...more

Dorsey & Whitney LLP

DOJ's Focus On Immigration Enforcement

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On February 5, 2025, U.S. Attorney General Pam Bondi issued a series of policy memoranda directed to U.S. Department of Justice (“DOJ”) employees. Two addressed DOJ’s new perspective on immigration enforcement: “General...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2024

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It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Epstein Becker & Green

DOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action

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As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more

BakerHostetler

Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal

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The Department of Justice (DOJ) continues to pursue no-poach agreements as criminal conduct despite yet another recent defeat, this time in United States v. Patel. In Patel, the DOJ alleged that employees of an aerospace...more

Jenner & Block

DOJ Continues to Prioritize No-Poach Cases

Jenner & Block on

In recent years, the U.S. Department of Justice has tried three criminal no-poach cases to a jury, and in all three the defendants were acquitted. But expect the crackdown on the use of allegedly illegal no-poach agreements...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Suffers Rare Acquittal From the Bench in Fourth Criminal No-Poach Loss

In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering...more

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

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Epstein Becker & Green

DOJ Fails Again in a No-Poach Prosecution

A Ruling and Order issued on April 28, 2023 by the U.S. District Court for the District of Connecticut in United States v. Patel, et al. ran the government’s losing streak to four failed trials seeking to criminally prosecute...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Fisher Phillips

WhatsApp Messages May Be Gone But Never Forgotten – At Least Not By the DOJ: Your Company’s 6-Step Action Plan

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When your employees go “off-grid” and use unauthorized third-party messaging applications that fall beyond typical email and texting – like the self-destructing WhatsApp messages – they put you at increasing risk of scrutiny...more

Foley Hoag LLP - White Collar Law &...

The DOJ Gets the Green Light in its Latest No-Poach Criminal Prosecution

It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more

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

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Fisher Phillips

6 Antitrust Compliance Steps Employers Should Consider After First-Ever Federal Criminal Prosecution in Wage Fixing Case

Fisher Phillips on

A healthcare staffing firm in Nevada just pled guilty to conspiring with a competitor to fix wages for school nurses and agreeing not to solicit each other’s workers – the nation’s first-ever successful criminal prosecution...more

Ballard Spahr LLP

DOJ Secures First Win in Criminal No Poach Action

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On October 27, 2022, VDA OC, LLC, (VDA) a Nevada health care staffing company, pleaded guilty to participating in a conspiracy to suppress and eliminate competition for the services of school nurses. According to the plea,...more

Fisher Phillips

Feds on Verge of First-Ever Successful Criminal Prosecution in Workplace Antitrust Action: 6 Compliance Tips for Employers

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The U.S. Department of Justice appears to be close to reaching a plea deal that would result in the nation’s first-ever successful criminal prosecution of a workplace-related antitrust matter – and it should send a clear...more

Venable LLP

No-Poach Agreements: Compliance and Best Practices for Independent Schools

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As we enter hiring season in a very tight job market, school administrators may feel tempted to reach an understanding with other school leaders not to recruit or hire employees from each other. The Department of Justice...more

Patterson Belknap Webb & Tyler LLP

DOJ’s First Wins In Criminal Antitrust Prosecutions Of Wage-Fixing and No-Poach Agreements

Two weeks ago, the District of Colorado denied defendants’ motion to dismiss in a criminal case targeting agreements between competitors not to solicit (or “poach”) each other’s employees.  United States v. DaVita Inc. et...more

Baker Donelson

DOJ Cracks Down on Alleged Wage Fixing and No Poach Agreements

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On January 28, 2022, the U.S. Department of Justice (DOJ) announced its indictment of four owners or managers of home health care agencies for allegedly violating federal antitrust laws by conspiring to fix the rates paid to...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

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Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

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