Understanding the DOJ’s Guidance on No-Poach Agreements
The US Department of Justice Antitrust Division (DOJ) dramatically raised the stakes for employers with its 2016 guidance, stating that it will criminally prosecute “naked agreements,” or understandings by employers not to recruit or hire each other’s employees. The DOJ says that it is shocked by the number of no-poach agreements that are still occurring. The DOJ is also targeting agreements among employers to fix wages and benefits.
What red flags should companies should look for that can alert them to no-poach or wage-fixing issues in their industry?
• What types of narrow, tailored non-solicitation agreements might still be lawful?
• How have firms successfully defended against so-called wage-fixing claims under the antitrust laws?
Experienced practitioners Mary Strimel and David Hanselman will answer these questions and address the full implications of the DOJ’s guidance in a timely webinar on June 12, 2018.