Posted by Veronica Blatt on Jan 29, 2021

Back in 2016, the US Department of Justice warned HR professionals that no-poach and wage-fixing agreements were illegal per se, and that violations could involve criminal charges.

A per se violation means that the existence of the agreement is illegal; there does not need to be an allegation of actual harm to an individual.

Earlier this month, criminal charges were filed against Surgical Care Affiliates and a related entity for agreeing with competitors not to solicit each other's senior-level employees. This is considered a form of collusion, a violation of the Sherman Anti-Trust Act.

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