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ARTICLE · 02 NOVEMBER 2022

On The Board: DOJ Gets First Win In Criminal No-Poach Prosecution

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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Last week, the Department of Justice Antitrust Division ("DOJ") announced that health care staffing company VDA OC LLC pleaded guilty to criminal antitrust charges for engaging in a "no-poach"...

United StatesAntitrust/Competition Law
Bruce Sokler
Bruce Sokler
Tinny T. Song
Tinny T. Song
Payton Thornton
Payton Thornton
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Last week, the Department of Justice Antitrust Division ("DOJ") announced that health care staffing company VDA OC LLC pleaded guilty to criminal antitrust charges for engaging in a "no-poach" conspiracy relating to hiring arrangements for school nurses. The U.S. District Court for the District of Nevada sentenced the company to pay a fine of $62,000 and restitution to the affected workers of $72,000. This represents the first successful criminal prosecution amidst the DOJ's recent increased focus on bringing criminal antitrust charges relating to labor markets.

In 2021, the DOJ brought criminal charges against VDA and its-then regional manager Ryan Hee for violations of Section 1 of the Sherman Act. Specifically, the company has said the agreement involved one email and one telephone conversation and was "extremely limited" in nature. The agreement lasted for a total of nine months-beginning just a day after the DOJ first announced its intention to start bringing

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