The top story on Employment Law This Week: The DOJ intends to investigate anti-competitive trade practices.
The Department of Justice and the Federal Trade Commission released joint guidance for HR professionals on how antitrust laws apply to employment. The guidance explains that agreements among employers not to recruit certain employees—or not to compete on terms of compensation—are illegal. Notably, the DOJ announced that they plan to criminally investigate “naked no-poaching or wage fixing agreements” that are unrelated to legitimate collaboration between ...
Following up on a string of civil enforcement actions and employee antitrust suits, regarding no-poaching agreements in the technology industry, on October 20, 2016 the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) issued Antitrust Guidance for Human Resources Professionals (the “Guidance”). The Guidance outlines an aggressive policy to investigate and punish employers, and individual human resources employees who enter into unlawful agreements concerning employee recruitment or retention.
The Guidance focuses on three types of ...
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Recent Updates
- President Trump’s August 13, 2025, Executive Order Rescinds President Biden’s Executive Order on Non-Competes, Turning the Clock Back to an Era of Federal Deregulation
- Expanding the Reach of the DTSA: New Ruling Clarifies “Act in Furtherance” Requirement
- Florida Passes Employer-Friendly Restrictive Covenant Legislation
- Texas Amends Restrictive Covenant Laws for Healthcare Providers
- New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers