ANTITRUST AND EMPLOYMENT: AVOIDING “NO-POACH” PITFALLS

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In gaming and hospitality, your employees—general managers, dealers, security staff, foodservice staff, and cleaning crews—are critical to running the business and providing high-quality service to customers. Therefore, hiring and keeping the best talent is critical. But, as the saying goes, good people can be hard to find—and labor costs are often one of the biggest expense line items.

Against this backdrop, antitrust enforcers are ramping up enforcement in the employment area—particularly targeting “naked” no-poach agreements where competing employers that are not participating in a legitimate collaboration (e.g., M&A deal, joint venture, R&D arrangement) agree not to recruit or hire each other’s employees. With millions in civil penalties and potential criminal liability on the line, employers in the gaming, hospitality, and broader leisure industry need to stay on top of antitrust compliance when it comes to no-poach and similar agreements affecting employees.

READ THE FULL ARTICLE BY ALEXIS J. GILMAN & JUAN A. ARTEAGA THE SPRING 2020 EDITION OF GAMING & LEISURE MAGAZINE.

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