Employment Law This Week (Episode 48: Week of October 31, 2016) has released bonus footage of its interview with Peter Altieri, a Member of the Firm at Epstein Becker Green.
As Mr. Altieri discusses, the DOJ intends to investigate anti-competitive trade practices. The Department of Justice and the Federal Trade Commission released joint guidance for HR professionals on how antitrust laws apply to employment. The guidance explains that agreements among employers not to recruit certain employees—or not to compete on terms of compensation—are illegal. Notably, the DOJ announced that they plan to criminally investigate “naked no-poaching or wage fixing agreements” that are unrelated to legitimate collaboration between businesses. In the past, both agencies have pursued civil enforcement.