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Federal Trade Commission (FTC) › No-Hire/No-Solicitation Agreements

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Sheppard Mullin Richter & Hampton LLP on

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Seyfarth Shaw LLP

FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive

Seyfarth Shaw LLP on

On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with...more

BakerHostetler

FTC Announces Action Against No-Hire Provisions Used by Building Services Contractor

BakerHostetler on

In a divided party-line vote, the FTC recently charged Guardian Service Industries, Inc. (Guardian), a New York City-area building services contractor, with violating Section 1 of the Sherman Act and Section 5 of the Federal...more

Hinch Newman LLP

Will the FTC Under President-Elect Trump Reject Novel Liability Theories?

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President-elect Donald Trump recently announced that Republican Commissioner Andrew Ferguson will chair the Federal Trade Commission during Mr. Trump’s second administration. Commissioner Ferguson is also a known critic of...more

Davis Wright Tremaine LLP

The FTC's Crackdown on No-Hire Agreements: What Employers Need To Know

Davis Wright Tremaine LLP on

The Federal Trade Commission (FTC), in a 3-2 party-line vote last week, ordered a New York City area building services contractor, Guardian Service Industries, Inc. (Guardian), to rescind all "no-hire" agreements, including...more

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

Vinson & Elkins LLP on

For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more

Faegre Drinker Biddle & Reath LLP

The Pennsylvania Supreme Court Strikes Down a No-Hire Agreement as an Unreasonable Restraint on Trade

Faegre Drinker Biddle & Reath LLP on

Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a...more

Lewitt Hackman

FRANCHISOR 101: No Poach for You

Lewitt Hackman on

Franchise agreements commonly prohibit the franchisee from soliciting or hiring workers employed by the franchisor or other franchisees. This may take the form of “no-hire” or “no-switching” clauses that prohibit hiring each...more

Mintz - Employment Viewpoints

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

Mintz - Employment Viewpoints on

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

Mintz - Employment Viewpoints

FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals

Mintz - Employment Viewpoints on

Last week the Federal Trade Commission and the Department of Justice jointly issued guidance to educate companies, and in particular human resource professionals, on how antitrust laws apply in the employment arena,...more

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