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South Carolina No-Poach Attorney
Recently, the United States Department of Justice (“DOJ”) began cracking down hard on employers that form “no poach” agreements with other employers so they do not try to take each other’s employees (and in the process stifle wages). This is a form of an illegal anticompetitive agreement and individuals are going to prison over making these types of agreements because it is a form of “wage fixing.”
While headquartered in the Carolinas, Keibler Law Group serves individuals and companies throughout the United States. If we cannot help you, we can find you someone who can. Reach out to us today.
What is a no-poach agreement?
In 2016, DOJ and the Federal Trade Commission (FTC) issued joint “Antitrust Guidance for Human Resources Professionals” reasserting the illegality of, and potential penalties for, entering into the following types of agreements:
(1) agreements to fix the salary or other terms of compensation, whether at a specific level or within a range, for employees (wage fixing agreements); or
(2) agreements to preclude companies from hiring or soliciting each other’s employees without justification (no poaching agreements).
The Antitrust Guidance emphasized that wage fixing agreements and no poaching agreements could subject companies and individuals to criminal, as well as civil, actions. Indeed, since the joint guidance was published there have been a number of civil and criminal prosecutions of no poach cases.