DOJ Antitrust Guidance for HR Professionals—Litigation Starts and SHRM Webinar Explains

 

Nancy Hammer By Nancy Hammer July 20, 2018
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The U.S. Department of Justice's (DOJ's) Antitrust Division and the Federal Trade Commission (FTC) issued new Antitrust Guidance for HR professionals in October 2016. This guidance put HR on notice that certain practices in hiring and compensation could lead to potential violations of antitrust laws. In its guidance, the agencies make clear that DOJ investigations of wage-fixing or no-poaching agreements could result in criminal charges against both individuals and companies.

On April 3, DOJ announced its first civil enforcement action under the new policy. In this case, the agency exercised its prosecutorial discretion to settle the case involving a no-poaching agreement between two companies. The civil approach was deemed appropriate in part because the companies' actions occurred before the new guidance was issued. 

How Does the Antitrust Guidance Affect HR?

Join SHRM's July 31 webinar, Criminal Antitrust Offenses in Employment Practices. During this webinar, employment lawyer Kim Hodges from Ogletree Deakins and two lawyers from the DOJ will explain anti-poaching, wage-fixing and noncompete agreements, what kinds of agreement are illegal, and how to make sure you don't run afoul of the law. To register for the webinar, click on the link below: https://event.on24.com/wcc/r/1799289/496878CFC50530B366691665173F6445?partnerref=ganl

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