Issue link: http://psai.uberflip.com/i/1007999
W EEKLY EDITION JULY 25, 2018 CONTINUED ON PAGE 9 P AGE 4 Who is an employment competitor? From an antitrust perspective, firms that compete to hire or retain employees are competitors in the employment marketplace, regardless of whether the firms make the same products or compete to provide the same services. In other words, any company that wants to hire the same employee candidates you do "counts" as your competitor. What is allowed? It is unlawful for competitors to expressly or implicitly agree not to compete with one another, even if they are motivated by a desire to reduce costs. Therefore, companies should take steps to ensure that interactions with other employers competing with them for employe es do not result in an unlawful agreement not to compete on terms of employment. Any company, acting on its own, may t ypically make decisions regarding hiring, soliciting, or recruiting employees. But the company and its employees should take care not to communicate the company's policies to other companies competing to hire the same types of employees, nor ask another co mpany to go along. A company should avoid entering into agreements regarding terms of employment with firms that compete to hire employees. It does not matter whether the agreement is informal or formal, written or unwritten, spoken or unspoken. An indivi dual likely is breaking the antitrust laws if he or she: • agrees with individual(s) at another company about employee salary or other terms of compensation, either at a specific level or within a range (so - called wage - fixing agreements), or • agrees with ind ividual(s) at another company to refuse to solicit or hire that other company's employees (so - called "no poaching" agreements). Even if an individual does not agree orally or in writing to limit employee compensation or recruiting, other circumstances – s uc h as evidence A ntit rust Issues and the Portable Sanitation Industry Part I of II on how hiring and employment decisions may affect your business KOS ANTI TRUST CONTINUED FROM PAGE 1