The Federal Trade Commission (FTC) has intensified investigations into alleged antitrust violations relating to suppressing wages and non-poach agreements.  The FTC is cooperating with the Department of Justice (DOJ) and the National Labor Relations Board (NLRB), by sharing information and joint training of personnel.  Areas of concentration include alternative work arrangements, disclosure of earnings and costs and restrictive employment provisions, including non-compete and non-disclosure contracts.

Recently, the Department of Justice Antitrust Division obtained a guilty plea from a company providing nurses, resulting in a criminal fine and restitution.

The implication of FTC, DOJ and NLRB joint action should be recognized by all employers of agricultural workers. Company HR departments are advised to be cognizant of regulations prohibiting any intercompany or intraregional activities that might be construed as illegal.