Antitrust Scrutiny of Employment Practices: No-Poaching and Wage Fixing Agreements (On-Demand)

General Credits:
Original Date Of Course:



Course Description

In an era of unprecedented employee mobility, employers face increasing challenges retaining top talent. Compounding the social challenges with retaining talent is the increased scrutiny on non-compete agreements between employers and employees by courts, legislators, and regulators. As a result, employers may seek other means to protect their interests and avoid the disruption and costs associated with employee departures, such as an agreement with their competitors not to poach each other’s employees or an agreement to set a cap on wages. Employers tempted to proceed along these lines must be aware of the significant antitrust exposure that can result from these types of arrangements.

This CLE webinar will overview the antitrust laws that apply to employers and others involved in hiring and compensation decisions, current caselaw, and best practices for mitigating antitrust exposure.


  1. Introduction
  2. Section 1 of the Sherman Act: An Overview
  3. No-Poaching and Wage Fixing Agreements: What Are they and Are they Illegal?
  4. Initial DOJ Civil Actions: An Overview of Significant Cases and Settlements
  5. The DOJ and FTC 2016 Guidance
  6. The DOJ Criminal Enforcement Actions: An Overview of Current Caselaw
  7. No-Poaching Provisions in Franchise Agreements: An Overview of Current Caselaw
  8. Mitigating Risks: Best Practices
  9. Conclusion



Credit Details

Course Type

Course Instructor

Trevor Bradley, Esq.

Original Date Of Course

General Credits