The US Department of Justice dramatically raised the stakes on employers with its 2016 guidance stating that it will criminally prosecute “naked agreements,” or understandings by employers not to recruit or hire each other’s employees. The DOJ says that it is shocked by the number of no-poach agreements that are still occurring.
- What are the red flags that companies should look for to make sure they are not crossing a line?
- What types of narrow, tailored non-solicitation agreements might still be lawful?
- How have firms successfully defended against so-called wage-fixing claims under the antitrust laws?