News & Analysis as of

Wage and Hour Employer Liability Issues Wage-Fixing

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

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Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....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

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

Littler

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

Littler on

When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023.  Section...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

Stikeman Elliott LLP on

On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more

Fisher Phillips

Weekly Checklist: Spotting Antitrust Risks in the Workplace

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Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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 have been an unprecedented number of changes for the past few years—and this past month...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

Akin Gump Strauss Hauer & Feld LLP

$85 Million Poultry Processor Wage-Fixing Settlement Provides Valuable Antitrust- and Privacy-Related Compliance Lessons for HR...

Key Points - As part of the antitrust agencies’ public commitment to investigate and prosecute competitive harm in labor markets, the DOJ Antitrust Division fined three major U.S. poultry processors and a data consulting...more

Polsinelli

DOJ Faces Two Strikeouts in First Health Care Wage-Fixing and “No Poach” Prosecutions

Polsinelli on

On April 14, 2022, a Texas jury returned five not-guilty verdicts on six charges considered in the first federal criminal wage-fixing prosecution. A day later, on April 15, 2022, a Colorado federal jury entirely acquitted...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

The Volkov Law Group

Antitrust Division Indicts Four Individuals for Wage Fixing in Labor Markets (Part III of III)

The Volkov Law Group on

Criminal antitrust is burning a path in prosecuting illegal wage-fixing agreements in labor markets.  The Justice Department warned companies over five years ago and now DOJ is executing on its warning.  Over the last two...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

Womble Bond Dickinson

Wage Fixing & Anti-Poaching Defense: Feds Take New, Aggressive Stand on No-Poach/Non-Solicit Agreements

Womble Bond Dickinson on

Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition.  Antitrust issues can arise in every aspect of your...more

The Volkov Law Group

Antitrust Division Charges Health Care Staffing Company with Criminal Wage-Fixing and No-Poaching Agreement

The Volkov Law Group on

The Justice Department’s Antitrust Division is pushing criminal enforcement against companies for illegal wage-fixing among competitors in the hiring market. ...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...more

The Volkov Law Group

DOJ’s Antitrust Division Launches Two Criminal Prosecutions of Illegal No-Poach and Wage-Fixing Agreements

The Volkov Law Group on

The Antitrust Division has warned companies that it would bring criminal indictments against companies that enter into illegal no-poach or wage-fixing agreements.  The Antitrust Division has now put its money where its mouth...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

Mintz - Antitrust Viewpoints

DOJ Announces Indictment of Former Owner of Health Care Staffing Company for Wage Fixing

Yesterday the Department of Justice announced that a federal grand jury indicted Neeraj Jindal, the former owner of a therapist staffing company in north Texas, for his participation in a conspiracy to fix the wages of...more

Seyfarth Shaw LLP

U.S. District Court Denies Motion For Class Certification In Wage Suppression Antitrust Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13...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

Perkins Coie

DoJ Employee "No-Poach" Antitrust Consent Decree Sharpens Compliance Teeth

Perkins Coie on

The U.S. Department of Justice (DoJ) filed a complaint recently alleging that competing railroad equipment manufacturers Knorr-Bremse AG, Westinghouse Air Brake Technologies Corporation (Wabtec) and Faiveley Transport S.A....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

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