W EEKLY EDITION AUGUST 1, 2018
Hiring and Employment Decisions May Have Antitrust
Implications for Your Compan y
KOS DOJ CONTINUED FROM PAGE 4
Answer: When certain survey procedures are followed to mitigate the risk of competitive harm projects such as this can be
legal. For example, if the survey is handled entirely by the trade
association, the information is p ublished in a manner that is aggregated
(e.g., not company - specific), and it is at least six months old these
exercises are common to associations. It's usually best for associations to
work with their legal counsel to construct the data - gathering and
publ ishing process in a manner that conforms with the law.
On the other hand, competitors' exchange of nonpublic, company -
specific information about current and future wages may violate antitrust
law. Individuals should not solicit a competitor's company - spec ific
response to a wage survey that asks about current or future wages, or to
respond to a competitor's request to provide such information.
Do you have additional questions related to human resources or antitrust
issues? Let us know by emailing Karleen ( karleenk@psai.org ) or calling +1 -
952 - 854 - 8300. -- KK
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