While talent acquisition professionals work to identify too few candidates for too many vacant roles, the introduction of legal agreements incorporating restrictive covenants can bring the whole process to a screeching halt.
Nondisclosure, also called confidentiality, agreements; nonsolicitation, also called no-poaching, agreements; and noncompete agreements are contracts that embody covenants designed to restrict disclosure of information, recruiting, direct competition and more. Covenants within these agreements can control career trajectories and compensation by way of employee mobility.
To help recruiters and HR pros better understand these agreements — what they are and how they work — HR Dive spoke with Colin Kass, partner and antitrust group co-chair at Proskauer in Washington, D.C., to learn more.
This interview has been edited for length and clarity.
COLIN KASS: Antitrust itself is a pretty broad area. Some examples of traditional antitrust compliance are protections against risk of price-fixing suits and other forms of monopolization; and then there’s sort of a separate area dealing with more recent developments — hot topics, which could be of particular interest to HR professionals.
Antitrust is an HR concern because a lot of companies use standard noncompete, or nonsolicitation, provisions and other restrictive covenants,...
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