Recent developments serve as a reminder for employers and HR professionals to be aware of the antitrust laws when dealing with certain employment issues.
Background
In July 2021, President Joe Biden issued Executive Order (EO) 14036, which affirmed the executive branch’s policy to enforce the antitrust laws. Two aspects of the EO relate directly to employment law:
- The direction that the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) should consider revisions to the Antitrust Guidance for Human Resource Professionals issued in October 2016; and
- The suggestion that the FTC should consider rulemaking to curtail the unfair use of noncompete clauses.
