Similarly, Little Caesars is facing a class action from its own restaurant managers, who accuse the franchise system rules prohibiting restaurants from eating from employing current or former managers in pizza chains that violate antitrust laws. The disputed agreement required the restaurateurs who wished to hire the administrator of another restaurant to pay the former employer double the annual salary of that employee in liquidation. But keep reading if you are an employer and want to be aware of a serious and growing risk of cartels and abuse of dominance, compounded by the application of the Federal Office of Private Agreements and Litigation. Agreements that do not involve employees of another company (“no poaching”) are subject to enhanced review, with possible criminal consequences. In close coordination, there are a number of new “wage-fixing cases,” a variant of pricing. Poaching of employees (talent poaching) or job poaching is the recruitment of employees who work in competing companies. The term “poaching” is associated with illegal hunting, but poaching at work is for the most part not unethical or illegal and can help ensure a competitive labour market. Four civil parties sued U.S. franchisors for violating poaching and sought certification of the class action. For example, Jiffy Lube International is being tried in a federal court in Philadelphia for violating antitrust laws by accusing Jiffy Lube`s franchisees of exchanging oil across the country with non-poaching agreements. The complaint accuses Jiffy Lube`s franchise contracts of preventing local owners from hiring employees of the other, which will reduce workers` wages because franchisees would not have to compete with their employees.
Employers could try to prevent poaching of workers other than a non-compete clause. For example, an employer could provide incentive plans for workers. An incentive plan could offer employees bonuses related to the company`s future success. This can encourage employees to stay in the company and encourage workers to contribute to their success. The next shoe that was to fall was enforcement measures against franchises with bare non-poaching agreements. In January 2018, for example, the Washington district attorney`s office launched an investigation into non-poaching and non-hire agreements between franchise-based fast food companies.