This post originally appeared on the Workplace Class Action blog

Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. While this was a civil proceeding, the Department of Justice has said that in some cases it may treat the conduct as criminal. Many executives and HR professionals are unaware that the antitrust laws apply to the employment marketplace. Thus, if they have not done so already, employers should consider the implementation of compliance programs to make sure that appropriate employees are aware of these developments and risks.
Continue Reading DOJ Announces First of a Number of Anticipated No-Poach Enforcement Actions – What Should Employers Do Now?

On Monday March 26, 2012, Senators Richard Blumenthal (Connecticut) and Chuck Schumer (New York), called for federal agencies to determine whether requiring prospective hires to hand over social networking usernames and passwords violates federal law. Blumenthal and Schumer called on the United States Equal Employment Opportunity Commission (“EEOC”) to investigate whether such practices violate federal anti-discrimination laws and the United

Continue Reading Access To Social Media Accounts In The Hiring Process And Employer Ownership Of Trade Secrets Or Confidential Information Contained In Social Media Accounts: Legislation On Horizon?

By Robert Milligan and Joshua Salinas

In connection with proposed Congressional amendments to the federal Computer Fraud and Abuse Act (CFAA), on November 15, 2011, Department of Justice Deputy Chief Richard W. Downing (Computer Crime and Intellectual Property Section) emphasized the importance of an expansive CFAA before the House Committee on the Judiciary and came out against attempts by critics of

Continue Reading Department of Justice Takes Pro-Employer Stance On Amendments To Computer Fraud And Abuse Act: Employers Should Continue To Be Able To Hold Employees Liable For Violations Of Computer Usage Policies Under The Act