An Illinois federal judge is considering whether to certify a class of former senior-level healthcare workers in their claim that no-poach agreements among various providers resulted in their being paid lower wages. The healthcare providers at issue include DaVita, UnitedHealth Group’s Surgical Care Affiliates (SCA), and United Surgical Partners International (USPI), the ambulatory surgery arm of Tenet Healthcare Corp. The case is In re: Outpatient Medical Center Employee Antitrust Litigation, Case Number 1:21-cv 00305, U.S. District Court for the Northern District of Illinois.
The two no-poach agreements at issue in this case prevented SCA and DaVita, as well as SCA and USPI, from recruiting each other’s senior employees. The agreements also required employees to advise their supervisors before applying for jobs at the other companies. According to the workers, the companies also shared confidential wage data, including future raises, which caused the suppression of their wages.