Federal Antitrust and Employment: Wage Collusion, Worker Misclassification, Earnings Claims, Franchising Arrangements

Examining Employment Policies, Non-Competition, Non-Solicitation, and Anti-Poaching Agreements

A live 90-minute CLE video webinar with interactive Q&A

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Thursday, September 22, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 26, 2022

or call 1-800-926-7926

This CLE course will advise employment counsel on the current U.S. Department of Justice (DOJ) practices to enforce federal antitrust laws regarding employees, including prosecuting employers for alleged anticompetitive practices. The panel will discuss how the DOJ and other antitrust agencies investigate claims of wage collusion, no-poach agreements, and franchising arrangements. The panel will discuss proactive steps employers can take to mitigate risks and what employees should consider when pursuing such claims.

Description

In an era of unprecedented employee mobility, employers face increasing challenges in retaining top talent. However, with the increased scrutiny on non-compete agreements between employers and employees by courts, legislators, and regulators, many employers are seeking other means to protect their interests and avoid the disruption and costs associated with employee departures. This includes entering into agreements with competitors such as no-poach agreements or wage caps. Employers tempted to proceed along these lines must be aware of the significant antitrust exposure that can result from these arrangements.

Over the last decade, the DOJ's Antitrust Division has investigated several tech companies for their "no-poach agreements," alleging they constitute unlawful agreements not to hire each other's employees. Fast food franchises have been similarly targeted for their non-compete agreements. However, the DOJ's recent push is to criminally prosecute employers for violations of antitrust law.

While the DOJ has recently increased investigations and pursued claims, recent cases indicate that the government is not always successful. In Texas, the DOJ prosecuted the owner of a physical therapy staffing company and its former clinical director for conspiring with competitors to lower workers' pay. In Colorado, the DOJ prosecuted the former CEO of a kidney dialysis provider for allegedly engaging in unlawful "no-poach” agreements. In both cases, the jury declined to find the executives criminally liable under the Sherman Act. Despite these losses, the DOJ reiterated the Antitrust Division's "commitment to prosecuting labor market collusion."

Listen as our authoritative panel discusses how antitrust enforcement affects the labor market and how employers can mitigate risks and create enforceable restrictive covenants to protect business concerns.

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Outline

  1. Antitrust enforcement
    1. DOJ
    2. FTC
  2. Wage collusion and wage caps
  3. No-poaching
  4. Restrictive covenants
    1. Non-solicit
    2. Non-compete
    3. Franchise agreements
  5. Recent cases
  6. Best practices

Benefits

The panel will discuss these and other key topics:

  • How can employers avoid antitrust liability while still utilizing enforceable restrictive covenants?
  • What can employers learn from recent DOJ cases pursuing antitrust claims against businesses?
  • What are investigations by the DOJ and other antitrust agencies like in cases of wage collusion, wage caps, and non-poaching arrangements?

Faculty

Bradley, Trevor
Trevor L. Bradley

Attorney
Robinson & Cole

Mr. Bradley is a commercial litigator who focuses his practice on resolving a wide range of complex business disputes...  |  Read More

Hayes, John R.
John R. Hayes

Partner
SmithAmundsen

An experienced and skilled trial attorney, Mr. Hayes has tried cases in both state and federal court, including several...  |  Read More

Attend on September 22

Early Discount (through 08/26/22)

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Early Discount (through 08/26/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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