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“No-poach” agreements could bring jail time

The DOJ's antitrust division will be announcing indictments over no-poach agreements and “naked wage-fixing” agreements over the next few months.

Employee targeting In no-poach agreements, companies agree not to recruit or hire each other’s employees, while in naked wage-fixing agreements, they agree to restrict wages and benefits. (Photo: Shutterstock)

Employers who enter into “no-poach” agreements with other companies, or who engage in wage-fixing agreements, could find themselves facing time in the slammer, if the Department of Justice has anything to say about it.

According to an HRDive report, the DOJ is reviewing such agreements and “has a handful of criminal cases in the works.” At a conference in January, the report says, assistant attorney general for the DOJ antitrust division Makan Delrahim told attendees that the agency would be announcing indictments over no-poach agreements and “naked wage-fixing” agreements, with the actions to come over the next few months.

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Marlene Satter

Marlene Satter

Marlene Y. Satter has worked in and written about the financial industry for decades.

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