FTC and DOJ Release Guidance on How Antitrust Law Applies to Employee Hiring and Compensation
Duration: 90 Minutes
Employees are often the most valuable asset of a corporation. Corporations literally spend millions of dollars every year to train individuals to be the best. Just as you begin to make a profit of your investment of this individual, your competitor steals the worker, and you have to start all over again. Is there any wonder employers want “anti poaching” agreements? Employers beware. Such agreements may violate anti-trust laws.
Objectives of the Presentation
Why should you Attend
- How the antitrust laws apply to firms’ decisions to share sensitive information
- Why the government is targeting agreements not to recruit competitors’ employees
- When the government will consider you to be engaging in “wage fixing”
- Using surveys to avoid antitrust issues
- Case examples where the Federal Trade Commission has already taken action
The federal government believes that employees should be able to take advantage of the benefits of a competitive market in marketing their own services among companies. Anti-poaching agreements, however, inhibit this competitiveness. The Justice Department has announced its intent to criminally investigate naked no-poaching or wage-fixing agreements that are unrelated or unnecessary to a larger legitimate collaboration between the employers. These types of agreements eliminate competition in the same irredeemable way as agreements to fix the prices of goods or allocate customers, which have traditionally been criminally investigated and prosecuted as hardcore cartel conduct. Agreements that do not constitute criminal violations may still lead to civil liability under statutes enforced by both agencies. Avoid jail and/or costly fines and penalties!
Who will Benefit
- Human Resource Managers
- Company Owners
- Chief Operating Officers
- In House Counsel