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ARTICLE · 15 JANUARY 2021

DOJ Brings First Criminal Charges For Wage Fixing

Jones Day
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The Department of Justice Antitrust Division ("DOJ") has indicted a Texas businessman for conspiring with competitors to fix employee wages in violation of the Sherman Act

United StatesAntitrust/Competition Law

This long-anticipated criminal wage-fixing case reinforces DOJ's continued focus on labor markets.

The Department of Justice Antitrust Division ("DOJ") has indicted a Texas businessman for conspiring with competitors to fix employee wages in violation of the Sherman Act. This action challenges particularly blatant conduct, but is consistent with recent attention to antitrust in employment contexts.

Defendant Neeraj Jindal is the former owner of a Texas-based therapist staffing company. The indictment charges that Jindal conspired with competitors to fix prices by decreasing "pay rates" to their physical therapists. According to the indictment, between March and August 2017, Jindal and owners of competing therapist staffing companies agreed to lower these employees' pay rates. The conspirators communicated through text messages, and the indictment quotes statements by Jindal to owners of four competitors urging them to "collectively ... move together" to lower pay

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