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DoJ, FTC: Preventing antitrust risk in hiring and pay decisions

Jaclyn Jaeger | October 25, 2016

Human resource professionals and others involved in hiring and pay decisions who don’t want to run afoul of antitrust laws will want to take a look at a new joint guidance issued by the Justice Department’s Antitrust Division and the Federal Trade Commission.

Employees are harmed if companies that would ordinarily compete against each other to recruit and retain employees agree to fix wages or other terms of employment or enter into so-called “no-poaching” agreements by agreeing not to recruit each other’s employees. Going forward, the Justice Department said it intends to criminally investigate naked no-poaching or wage-fixing agreements that are unrelated or unnecessary to a larger legitimate collaboration between the employers.

“HR professionals need to understand that these...

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