News & Analysis as of

Department of Justice (DOJ) Antitrust Provisions Employer Liability Issues

Cornerstone Research

2023 Merger Guidelines Addressing Potential Impacts on Workers

Cornerstone Research on

In this article from The Threshold, the authors recap a panel on theories of labor harm in mergers, sponsored by the Mergers and Acquisitions Committee of the American Bar Association Section of Antitrust Law....more

Littler

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

Littler on

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more

Manatt, Phelps & Phillips, LLP

Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust Liability, Says 7th Circuit

Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division....more

Perkins Coie

Antitrust Challenge to McDonald’s No-Poach Restriction Evaluated Under the Rule of Reason

Perkins Coie on

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more

Robinson & Cole LLP

Limiting Antitrust Exposure in the Employment Setting

Robinson & Cole LLP on

In what has commonly been referred to as the “Great Resignation,” nearly 50 million people voluntarily resigned from their jobs in 2021. The majority of those resigning sought a higher paying or better opportunity with...more

Dentons

Antitrust Concerns for Employers

Dentons on

In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Littler

Protection for Criminal Antitrust Whistleblowers Signed into Law

Littler on

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more

Troutman Pepper

DOJ And FTC Warn Employers That Antitrust Laws Still Apply Amid COVID-19 Pandemic

Troutman Pepper on

On April 13, the Federal Trade Commission’s Bureau of Competition and the Department of Justice’s Antitrust Division (the Agencies) issued a joint statement reiterating that antitrust laws protect U.S. labor markets even...more

Orrick - Antitrust Watch

DOJ Publishes Statements Clarifying Its Analysis of No-Poach Agreements – But Questions Remain

Since issuing the DOJ/FTC Antitrust Guidance for Human Resource Professionals in 2016, the DOJ Antitrust Division has remained active in enforcing and commenting on agreements among employers not to compete for hiring...more

Ballard Spahr LLP

Employers, Beware: DOJ, FTC Mean Business With Enhanced Antitrust Enforcement Efforts

Ballard Spahr LLP on

Employers should assess whether their employment practices— including benchmarking, recruitment, and the sharing of information about employee compensation—comply with antitrust law requirements in the face of increased...more

Shumaker, Loop & Kendrick, LLP

Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy

For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no...more

Seyfarth Shaw LLP

Healthcare Employers Beware: DOJ Announces Criminal Investigation of Healthcare Human Resources Practices in the Midst of the...

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Seyfarth Synopsis: At the recent American Bar Association’s Antitrust in Healthcare conference, the Department of Justice (“DOJ”) reportedly advised that it has open criminal investigations into agreements among healthcare...more

FordHarrison

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

FordHarrison on

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

Littler

DOJ and FTC Release Antitrust Guidance for HR Professionals

Littler on

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

Ballard Spahr LLP

FTC and DOJ Release Antitrust Guidance for HR Professionals

Ballard Spahr LLP on

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more

Foley & Lardner LLP

Top Legal Issues Facing Automotive Suppliers in 2015

Foley & Lardner LLP on

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more

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