As reported here and here, in December 2019 and January 2020, the United States Department of Justice brought its first criminal charges against employers who entered into “naked” wage fixing agreements and no-poach (e.g., non-solicitation and/or non-hire) agreements with competitors. According to DOJ’s 2016 Antitrust Guidance for HR Professionals, such agreements are “naked,” and, therefore, illegal per se, because they are “separate from or not reasonably related to a larger legitimate collaboration between competitors.” Although DOJ recognized that ...
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Recent Updates
- Pennsylvania Plaintiff That Failed in Effort To Block FTC Noncompete Ban Drops Lawsuit
- NLRB Opens New Front in Campaign Against Contractual Restrictive Covenants, Now Targeting No-Poach Provisions in a Business’ Company-to-Company Agreements
- Spilling Secrets Podcast: After the Block - What’s Next for Employers and Non-Competes?
- Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits
- Continued Employment May Constitute Sufficient Consideration for Noncompete Agreements in Connecticut, but Uncertainty Remains