David Reichenberg, Jonathan Grossman, Mark Jacobson and Max Kaplan published an article to Corporate Compliance Insights discussing how employers, staffers, and recruiters should be cautious of antitrust enforcement during COVID-19. They explain a number of steps corporate compliance officers can take to help avoid liability and litigation. They suggest updating antitrust compliance programs (or implemented if one does not yet exist) to include employment-related topics as well as making use of trade associations and industry organizations. The article also mentions when communicating with competitors in the labor market, take care to avoid restrictive agreements on wages and hiring if possible, and consult legal counsel if you find you are contemplating such an agreement.
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