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US: DOJ announces criminal charges for anti-poaching agreements

By  |  October 27, 2016

The Antitrust Division of the Department of Justice plans to begin criminally investigating and prosecuting employers who enter wage fixing and anti-poaching agreements with their competitors. In advance of its new push, the DOJ – together with the Federal Trade Commission – issued guidance targeted at Human Resources professionals, who often make hiring and compensation decisions at their companies, or are at least in a unique position to identify and prevent violations.

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    The following have been specifically identified by the FTC and DOJ as examples of “Antitrust Red Flags” for HR professionals:

    • Agreements with other companies about employee salaries, compensation, or other terms or conditions of employment;
    • Agreements with other companies regarding hiring/soliciting their employees – or even expressing a desire to avoid aggressive competition for talent;
    • Sharing information about employees’ compensation, or other terms or conditions of employment, with another employer;
    • Participating in a meeting or discussion in which the foregoing topics are discussed;
    • Discussing the above topics with peers from other companies – including during non-professional social events; or
    • Receiving data about another company’s employees’ compensation.

    A direct link to the DOJ’s list of red flags can be found HERE.

     

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