Prepare For DOJ's Criminal No-Poach Prosecutions

Law360 (February 5, 2018, 3:02 PM EST) -- In recent years, the U.S. Department of Justice’s Antitrust Division has been carefully scrutinizing the employment practices of corporate America. In particular, the Antitrust Division has been focused on whether corporations have entered into illegal “no-poach” agreements — where companies agree not to recruit or hire each other’s employees — and “wage fixing” agreements — where companies agree on the compensation (e.g., wages, salary, and benefits) they will make available to current or prospective employees — in order to keep their labor costs down. Recent statements by Assistant Attorney General Makan Delrahim strongly suggest that the Antitrust Division will soon be...

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