On September 10, 2020, the United States District Court for the District of Massachusetts issued a Memorandum and Order granting summary judgment in favor of a franchisor in response to claims by a purported class of franchisees that they were not truly independent contractors, but employees of the franchisor. The main issue addressed in the case was whether specific federal legal requirements that are imposed upon franchisors trump the general Massachusetts independent contractor classification statute.
Continue Reading Massachusetts District Court Rejects Employee Classification for Franchisees

The Department of Justice’s top antitrust official announced that criminal charges against companies who agreed not to hire one another’s employees will be forthcoming, with announcements to be made in the coming months. 
Continue Reading DOJ Antitrust Chief Warns That Criminal Prosecutions for Wage-Fixing and Anti-Poaching Agreements Are Forthcoming

This past week the FTC and DOJ issued an 11-page guidance document aimed at protecting employees against anticompetitive conduct with respect to naked wage-fixing and agreements, in which companies agree on salary or other terms of compensation, and anti-poaching agreements. The guidance to human resource (“HR”) professionals and hiring managers relates to both hiring and compensation decisions.
Continue Reading FTC, DOJ Issue Guidance for HR Professionals on the Application of Antitrust Law to Hiring and Compensation