On Sept. 1, a health-care staffing company notified a federal court in Nevada that it intended to plead guilty to antitrust violations. It was accused of conspiring with a competitor to not raise wages of certain nurses or recruit or hire nurses away from each other.
This case flags the Justice Department’s increasing enforcement against illegal labor market agreements.
Early detection of these types of agreements can provide employers, employees, and their business partners with options and potentially reduce or eliminate criminal exposure.
When looking at the DOJ’s recent enforcement actions, there are a few takeaways that companies can use to help mitigate antitrust risk.
Criminal antitrust enforcement of labor market collusion laws has increased dramatically in recent years.
In 2016, the DOJ announced a shift in policy to criminally prosecute employers and individuals that enter into naked wage-fixing or no-poach agreements with other employers.
In 2021, President Joe Biden issued an executive order that, among other things, encouraged the DOJ and Federal Trade Commission to broaden and strengthen enforcement against “wage collusion”...
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