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Human Resources Professionals Hiring & Firing Non-Solicitation Agreements

Sands Anderson PC

FTC Bans Most Noncompete Agreements

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On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a Final Rule that would prohibit most employee noncompete agreements...more

Fox Rothschild LLP

National Survey on Restrictive Covenants - Updated 2023

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As many know, restrictive covenant law is in a constant state of flux and varies considerably from state to state. Moreover, restrictive covenant law changes frequently and often requires a fact-specific analysis. Over the...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

Bennett Jones LLP

Demise of the Restricted Covenant?

Bennett Jones LLP on

Recent amendments to the Employment Standards Act, 2000 (Ontario) and the Competition Act (Canada) may be sounding the death knell for certain restricted covenants in Ontario—both non-competition covenants given by employees,...more

Bennett Jones LLP

Why Ontario Employers Should Review Employment Contracts Now

Bennett Jones LLP on

Key Highlights - - Employers likely need to update terms in employment contracts on termination provisions, restrictive covenants and arbitration clauses. - Five practical tips for Ontario employers as they review and...more

Bennett Jones LLP

New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

Bennett Jones LLP on

As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on...more

Womble Bond Dickinson

Antitrust Regulation And The Labor Market

Womble Bond Dickinson on

Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more

Epstein Becker & Green

Employers with Illinois Employees: Revise Form Noncompete and Nonsolicitation Provisions Before January 1, 2022

Epstein Becker & Green on

Governor J.B. Pritzker recently signed into law Public Act 102-0358 (“Act”), which dramatically reforms the law in Illinois governing both noncompete and nonsolicit provisions. The Act is not retroactive, and goes into effect...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

McDermott Will & Emery

The Latest: DOJ Distinguishes ‘No-Poach’ Agreements

McDermott Will & Emery on

WHAT HAPPENED: • The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements between...more

McDermott Will & Emery

US DOJ Adds Complexity to Enforcement of “No-Poach” Agreements under Antitrust Law

McDermott Will & Emery on

On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be...more

McDermott Will & Emery

Aerospace & Defense Series: Antitrust Risks for Aerospace and Defense Contractors in Employment Practices

McDermott Will & Emery on

As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton...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

Vedder Price

Changing Tides in HR Antitrust: What Employers Need to Know

Vedder Price on

Human resources ("HR”) departments have historically had little reason to hold antitrust law top of mind, as there was little in the way of enforcement activity concerning personnel issues. In recent years, however,...more

Epstein Becker & Green

No-Poaching Agreements Under DOJ’s Microscope: Criminal Indictments May Be Next

Epstein Becker & Green on

In October 2016, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resource Professionals (“Guidance”). As stated in its...more

Miles & Stockbridge P.C.

Hope For the Best, Prepare For the Worst: How to Effectively Manage the Perpetual Risk of Employee Loss

Inevitably, all businesses must deal with employee turnover and the departure of key employees. Such departures have become more frequent of late, as the economy is again on the rise, more jobs are available, the unemployment...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

Seyfarth Shaw LLP

Antitrust Guidance for HR Professionals Raises Prospect of Criminal Prosecutions

Seyfarth Shaw LLP on

The Antitrust Guidance for Human Resource Professionals issued by the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) on October 20, 2016 is not a change in law, but it is a fair warning to human resources...more

Troutman Pepper

Antitrust Division Threatens Criminal Prosecution for Employment Practices: Antitrust Agencies Issue Joint Guidance on Employment...

Troutman Pepper on

Even in the absence of an agreement to fix compensation, simply exchanging competitively sensitive information could serve as evidence of an implicit illegal agreement. On October 20, the Department of Justice (DOJ) and...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

Burr & Forman

DOJ & FTC Release Antitrust Guidance for HR Professionals

Burr & Forman on

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a strong warning to HR professionals: certain agreements to fix salaries or limit competition could result...more

Bradley Arant Boult Cummings LLP

Attention HR: The Antitrust Laws Apply To You Too!

Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more

Stinson LLP

Federal Regulators to HR Professionals: Remember that the Antitrust Laws Apply to Employment Too

Stinson LLP on

The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized...more

Mintz - Employment Viewpoints

FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals

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

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

The New Antitrust Guidance: DOJ and FTC Offers Direction to HR Professionals

On October 20, 2016, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission issued a guidance aimed at alerting human resources professionals on potential violations of the antitrust laws. According...more

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