No-Poach Agreements: Options for Employers to Protect Their Workforces

Labor and employment associate Matthew Fontana authored an article for The Legal Intelligencer titled “No-Poach Agreements: Options for Employers to Protect Their Workforces.” The article addresses the U.S. Department of Justice (DOJ)’s recently renewed scrutiny under the Biden administration of “no poach” and “no hire” agreements between competitors and the legal steps employers can take to protect their workforces from unlawful raiding by a competitor.

Fontana provides background on the DOJ’s antitrust guidance for human resource professionals and their recent enforcement position on “no poach,” “no hire” agreements between competitors and wage-fixing agreements. Fontana then outlines other means of protection employers have, such as post-employment employee non-solicitation restrictions. He also explains how employers can bring business tort claims against offending competitors and potentially against former employees when their conduct violates established business norms under applicable state law.