Next business/academic article
Business Articles Awards > General Antitrust

DOJ and FTC Set Possible Criminal Liability Trap for HR Professionals

James J.Tierney et al., Orrick, October 2016

See Alexander Okuliar's resume See James J. Tierney's resume See David M. Goldstein's resume

Click here to read the full article online

In an October surprise, the DOJ and FTC (collectively, the “Agencies”) released guidance for HR professionals on the application of the antitrust laws to employee hiring and compensation. The Agencies’ October 20, 2016 release, Antitrust Guidance for Human Resource Professionals, announced that “naked” agreements among employers not to poach each other’s employees and to fix wages and other terms of employment are per se illegal. Critically, for the first time, the Agencies warn that such agreements could result in criminal prosecution against individual HR professionals, other company executives, as well as the company. This Guidance, coupled with repeated requests to approach the Agencies to report such agreements, signals a significant shift in enforcement focus for the Agencies, including a further move to individual prosecutions, particularly when taken together with last year’s DOJ Yates Memorandum calling for more emphasis on individual executive liability.

Download our brochure