By Juan Arteaga (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 announcing criminal charges in ongoing no-poach investigations and that enforcement in the employment area will continue to be a top priority for the Antitrust Division. This article discusses the risks that companies and individuals face for participating in no-poach or wage-fixing agreements and identifies certain steps that companies can take to minimize these risks....
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