Is It Still Safe To Exchange Wage and Other Compensation-Related Information?

Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the Statements of Antitrust Enforcement Policy in Health Care (1996 Statements). Statement 6 provided a degree of comfort that they would unlikely violate antitrust laws when participating with competitors in surveys exchanging competitively sensitive information (wages and other compensation-related information, for example) if they complied with certain “conditions”–“absent extraordinary circumstances.”  READ MORE