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ARTICLE · 18 NOVEMBER 2022

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No-Poach Approach Continues: DOJ Secures First Criminal Conviction, Labor Agreement Scrutiny Increases Internationally

Cooley LLP
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The company was sentenced to pay a criminal fine of $62,000, restitution of $72,000 and a court-ordered assessment of $400 by the US District Court for the District of Nevada.

GlobalAntitrust/Competition Law
Cooley LLP
Cooley LLP
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The Department of Justice (DOJ) Antitrust Division secured its first win in a criminal enforcement of labor market antitrust violations on October 27, 2022, when nurse staffing company VDA OC pleaded guilty to violating Section 1 of the Sherman Act by conspiring with an unnamed competitor to allocate nurses and suppress wages of school nurses.

The company was sentenced to pay a criminal fine of $62,000, restitution of $72,000 and a court-ordered assessment of $400 by the US District Court for the District of Nevada.1 The DOJ's win against VDA follows the DOJ's major trial losses just six months prior in other labor antitrust cases.

Summary of United States v. VDA OC, LLC

A grand jury indicted VDA and its former regional director, Ryan Hee, in March 2021 for conspiring to allocate nurses and to fix the wages of nurses working for the Clark County School District from October 2016 until July 2017.2

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