No-Poachers Find Themselves in Hot Water

A "no-poach" agreement unlawfully harms employees, labor markets, and ultimately even consumers.

August 29, 2018

“Don’t come after my employees, and I won’t come after yours.” Perhaps this arrangement seems fair to the untrained antitrust eye. Businesses might in fact justify such an agreement as necessary to maintain a sense of staff stability and firm culture. Make no mistake, however, a “no-poach” agreement, as these arrangements are now called, unlawfully harms employees, labor markets, and ultimately even consumers. Employers who enter into them could also find themselves facing a government investigation criminal prosecution (read: fine + jail time), and private civil litigation.

Bloomberg Law

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Kellie Lerner

Partner

Co-Chair, Antitrust and Trade Regulation Group;
Co-Chair, Diversity Committee
Pronouns: she/her

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