Antitrust Compliance for HR Professionals
1 hour 30 minutes
Gain the tools needed to identify potentially anticompetitive no-poach agreements or wage-fixing agreements.
Many HR professionals must monitor their employer’s compliance with labor laws but may not be aware of or familiar with the antitrust implications of no-poach and wage-fixing agreements. Such agreements can take many forms in practice, and HR professionals need to be able to identify these kinds of agreements and understand their context and potential impact. The 2016 Guidance for Human Resource Professionals, issued jointly by the United States Department of Justice (DOJ) and the Federal Trade Commission (FTC), indicates that so-called ‘naked’ agreements between companies competing for the same types of employees - including agreements not to hire one another’s employees or agreements to fix wages - may be prosecuted criminally. Indeed, the DOJ recently issued its first no-poach criminal indictments since the guidance was released in 2016. This information will provide HR professionals with a greater understanding of the DOJ/FTC Guidance to Human Resource Professionals and will have the tools to identify potentially anticompetitive no-poach agreements or wage-fixing agreements should they arise in their respective businesses.
• You will be able to identify situations that may run afoul of the DOJ guidance to HR professionals involving no-poach and wage-fixing agreements.
• You will be able to recognize naked no-poach agreements and potentially procompetitive ancillary no-poach agreements and know when to seek further legal advice.
• You will be able to discuss recent DOJ enforcement actions in the labor and employment space.
• You will be able to explain the DOJ guidance to HR professionals and how it impacts your business.