#WorkforceWednesday: ACA Preventive Coverage Mandate Blocked, Another No-Poach Loss for DOJ, and Employers Prepare for the End of the COVID-19 Emergencies - Employment Law This Week®
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
In April 2025, a Nevada federal jury convicted Eduardo Lopez, a home healthcare staffing executive, for fixing the wages of home health nurses. The conviction marks the Department of Justice Antitrust Division’s (DOJ) first...more
On April 14, 2025, a federal jury convicted an executive in a wage-fixing conspiracy under the Sherman Act. This marks the first time, after many tries, that the US Department of Justice (DOJ) has secured a conviction in a...more
A federal jury in Las Vegas has convicted Eduardo "Eddie" Lopez, a former executive of a home healthcare staffing company, on charges of wage-fixing and wire fraud. The conviction marks the first successful jury verdict for...more
On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more
On April 14, 2025, after a three-week trial, a federal jury in the U.S. District Court for the District of Nevada returned a guilty verdict on all six counts for Eduardo Lopez, a home healthcare staffing executive. Lopez was...more
In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,...more
On April 14, 2025, a federal jury in Nevada convicted a home healthcare nursing executive on one count of conspiracy to fix wages and five counts of wire fraud after a 15-day trial. The verdict represents the DOJ’s first...more
After several unsuccessful attempts to convict a company or individual at trial for wage-fixing or a no-poach agreement, the Department of Justice’s (DOJ) Antitrust Division has secured its first conviction in a labor market...more
After many attempts, the Department of Justice Antitrust Division (DOJ or Division) has scored the first guilty verdict on a wage-fixing case. For years, the Division has prosecuted wage-fixing and no-poach agreements with...more
On Monday, April 14, 2025, a federal jury convicted Eduardo “Eddie” Lopez of conspiring to fix the wages for home healthcare nurses in Las Vegas and for fraudulently failing to disclose the criminal antitrust investigation...more
A New York federal judge has tossed several school district lawsuits seeking to void a state law banning the use of Native American team mascots and names, throwing out individual board members’ free speech claims but saying...more
It’s been two years since the Antitrust Division brought its most recent — and only pending — criminal case involving labor markets. The two-year pause may be telling. It could indicate that prosecutors are picking and...more
On February 26, 2025, Andrew N. Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC), issued a memorandum outlining the agency’s populist agenda and directing the formation of a “Joint Labor Task Force”...more
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
On January 16, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued “Antitrust Guidelines for Business Activities Affecting Workers” (2025 Guidelines). The 2025 Guidelines aim to “promote clarity and...more
In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more
Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more
The European Commission (EC) has recently conducted unannounced antitrust inspections in the data centre construction sector, following concerns about potential collusion in the form of no-poach agreements. This investigation...more
Under Chair Lina Khan, the Federal Trade Commission elevated its focus on labor markets. It promulgated a rule attempting to ban noncompete agreements, now stayed and subject to litigation. It took action against alleged...more
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of October 14-20. Here’s what’s...more
What the FTC’s investigation of McKinsey means for consultants tasked to compare wages or pricing - On July 23, 2024, the Federal Trade Commission (FTC) announced that it has issued inquiries to McKinsey & Co. and seven...more
In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more
As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more