Category Archives: No Poaching

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Are No-Poach Agreements Becoming Extinct?

Agreements between companies who compete for employees have always been subject to antitrust scrutiny. But recently, “no-poach” agreements—i.e. agreements to not recruit or hire another party’s employees—have become the subject of a recent flurry of government enforcement actions and private class actions. In this article, we discuss the types of no-poach covenants that are permissible, … Continue Reading

New Guidance for HR Professionals Regarding Wage-Fixing and No-Poaching Agreements Highlights New Focus on Criminal Prosecutions and Raises New Concerns for Employer

In October, the Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC” and collectively the “Antitrust Agencies”) jointly issued new guidance for Human Resource professionals regarding agreements between competitors related to hiring and compensation of employees (the “Guidance”).  The Guidance explains the Antitrust Agencies’ position with regard to wage-fixing[1] and no-poaching[2] agreements … Continue Reading
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