Skadden Discusses First DOJ Criminal Challenges to Wage-Fixing and No-Poach Agreements

The CLS Blue Sky Blog

Karen M. Lent Tara L. Reinhart Jessica R. Watters

The Department of Justice has filed its first criminal indictments for wage-fixing and no-poach agreements, intensifying antitrust enforcement in labor markets in accordance with the Antitrust Guidance for Human Resource Professionals released in 2016. Investigations of these practices is likely to increase, and employers should take seriously both the criminal and civil consequences of actions among industry players to set earnings or otherwise limit competition in the labor market.