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Antitrust Guidance for HR Professionals: What You Need to Know

OnDemand Webinar (84 minutes)

Are you in compliance with antitrust and related hiring issues? In the fall of 2016, the U.S. Department of Justice and Federal Trade Commission released a publication entitled "Antitrust Guidance for Human Resource Professionals" which was intended to alert human resource (HR) professionals and others involved in hiring and compensation decisions to potential violations of the antitrust laws. While the administration has changed, this document highlights issues that HR professionals might not otherwise be aware of. It also provides a roadmap for attorneys and individuals seeking to sue companies individually or in class actions. This information is critical for employers so they can ensure they are fully compliant with antitrust and related issues regarding hiring restrictions and collection of competitive wage information.


A. Robert Fischer, Jackson Lewis P.C. Conrad S. Kee, Jackson Lewis P.C.


The FTC and Department of Justice Guidance

• Historical Background

• California Tech Litigation

• State Law Implications

Antitrust Implications of Hiring Restrictions

• Historical Litigation on Agreements Not to Hire Employees From Other Companies

• Types of Agreements With Hiring Restrictions

• Hiring Restrictions in the Mergers and Acquisition Context

Antitrust Implications of Wage Fixing, Surveys and Other Compensation Issues

• Historical Wage Fixing Litigation

• Restrictions on Collecting Wage Information

• Exchanging Compensation Information in the Mergers and Acquisition Context

• Balancing Competitive Wages and Antitrust Issues

• Overlap With Recent State Laws

Best Practices Ahead

• Trump Administration Approach

• Private Litigants and the Guidance

• Training for Managers

Additional Formats

Audio & Reference ManualMore Info