AmTrust Financial. AmTrust Financial. Courtesy photo

AmTrust Title Insurance Co. & First Nationwide Title Agency LLC will pay a $1.25 million penalty to New York and agreed to cease its years-long practice of eliminating competition through "no-poach" agreements with other agencies and underwriters, the state Attorney General's Office said Monday.

A 10-year, no-poach enforcement agreement will start in December, and the firm agreed to pay the seven-figure penalty, which amounts to $50,000 for each month it had the illegal agreements in effect.

No-poach agreements effectively eliminate competition. They occur when two or more companies agree not to solicit, recruit or hire each other's employees.

They reduce competition for employees and disrupt the normal compensation-setting mechanisms, to the detriment of the affected employees, Attorney General Letitia James' office said.

The agreements were both written and verbal with other agencies and underwriters, James said.

"Workers should be free to make their own career choices without illegal corporate limitations," James said in a statement. "AmTrust's no-poach agreements made this impossible and denied workers access to a fair labor market."

A spokesman for AmTrust—which issues title insurance policies through First Nationwide or independent agencies—did not immediately respond to a request for comment Monday.

The investigation was conducted by Senior Enforcement Counsel Bryan Bloom and Deputy Bureau Chief Amy McFarlane, under the supervision of Bureau Chief Elinor Hoffmann of the AG's Antitrust Bureau.

James' office's investigation was pursuant to New York antitrust laws, the Donnelly Act, and a section of the Sherman Act.

New York's Democratic-led Legislature has considered overhauling the state's 120-year-old antitrust laws, but accord wasn't reached this past year when a trio of bills were passed by the Senate but died in the Assembly.

As the debate about antitrust has been a big topic nationally, New York lawmakers are mulling a pair of bills that would have significant implications for employers.

Senate Bill S766 would render the release of claims in a settlement agreement between an employer and employee and/or independent contractor unenforceable if the agreement contains a no-rehire clause.

Senate Bill S738 would render unenforceable a release of any claim of discrimination, harassment or retaliation if the release is included in a settlement agreement that requires the aggrieved worker to pay liquidated damages for violation of a nondisclosure clause; requires the aggrieved worker to forfeit all or part of the consideration for violation of a nondisclosure clause; or contains any statement or disclaimer that the aggrieved employee was not in fact subject to discrimination, harassment, or retaliation.

Another bill that passed in the Senate but died in the Assembly, S933A, seeks to criminalize business practices that establish a monopoly, or take over any New York labor market by abusing market dominance.​

That bill, called the 21st Century Antitrust Act, is sponsored by Senate Deputy Majority Leader Michael Gianaris, who envisions the state creating a new standard that sets the tone for the rest of the country on antitrust reform.

Brian Lee

Brian Lee

Brian Lee is an Albany-based litigation reporter for the New York Law Journal. He has worked at daily newspapers in Massachusetts, New York and New Jersey. He can be reached at [email protected]. Twitter: @bleereporter

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