X

Reset Password

Username:

Change Password

Old Password:
New Password:
We have completed your request.

Managing the Modern Workplace
V&E International Labor & Employment Resources

DOJ Settles Enforcement Action Targeting “No Poach” Agreements

In our February post discussing this issue, we predicted that federal criminal antitrust prosecutions of no-poaching and no-hire agreements were on the near horizon due to the U.S. Department of Justice, Antitrust Division’s (“DOJ”) October 2016 guidance alerting companies and HR professionals to beware of the antitrust risk involved in hiring and compensation decisions. Making good on these warnings, the DOJ recently announced a settlement with two of the world’s largest rail equipment suppliers (Germany-based Knorr-Bremse AG (“Knorr”) and Delaware corporation Westinghouse Air Brake Technologies Corporation (“Wabtec”)) to resolve allegations that the companies maintained long-standing agreements not to compete for employees.

Read More

Criminal Antitrust Investigations Likely Underway in the Area of Employee Compensation and Hiring

In November 2016, we reported that the nation’s antitrust enforcement agencies, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission, had jointly issued Antitrust Guidance for Human Resources Professionals alerting companies and HR professionals to beware of the antitrust risk involved in hiring and compensation decisions. The Agencies warned against agreements between two or more employers to limit or fix the terms of employment; to set wages and other compensation; or to refrain from soliciting or recruiting one another’s employees (referred to as “no-poaching” agreements). The 2016 Guidance put companies and individuals on notice that, going forward, such conduct would be subject to criminal prosecution.

Read More
  • 01
  • November
  • 2016

Authors:

Share on:

Even Gym Memberships Are Not Safe: Why Your HR Manager Needs to Know Something About Antitrust Law

HR professionals take note: U.S. antitrust enforcers are watching. On October 20, 2016, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly issued guidance alerting HR professionals and others involved in hiring and compensation decisions about the risks of antitrust violations associated with their work. In the enforcement cross-hairs are agreements – formal or informal, written or un-written, explicit or implicit – between competing employers to limit or fix the terms of employment; to set wages, benefits and other compensation; or to refrain from soliciting or recruiting one another’s employees (so-called “no-poaching” agreements).

Read More

Dates

Sign Up for Updates

Receive e-mail news and alerts from the V&E Employment, Labor & OSHA team

Follow Us On Linkedin

Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Robert Sheppard

Robert Sheppard Associate