Mercer Times

Attorney General Matthew J. Platkin of New Jersey and Attorney General Letitia James of New York have reached settlements with Guardian Service Industries, Inc., and Planned Building Services, Inc., along with its affiliated companies, over the use of illegal no-poach agreements. These agreements restricted employees from moving between jobs, potentially affecting wages and job opportunities.

Guardian, based in New York, and Planned, headquartered in New Jersey, provide maintenance, security, and cleaning staff for buildings. The joint investigation revealed that both companies entered into no-poach agreements with their clients, hindering competitors from hiring their workers.

The Federal Trade Commission (FTC) collaborated with the Attorneys General in these investigations and approved the settlements with both companies.

Attorney General Platkin stated that "no-poach agreements limit workers’ freedom to advance their careers," emphasizing his commitment to ending such practices. Attorney General James added that these agreements "unfairly limit employees’ opportunities to grow their careers" and pledged continued action against such anti-worker agreements.

Under the settlements' terms, Guardian and Planned will cease enforcing existing no-poach agreements and are prohibited from forming new ones. They must also cooperate in related investigations within the building services industry. Additionally, they are required to notify the Attorneys General if a competitor attempts to enforce or create a no-poach agreement over the next decade. Annual certification of compliance is also mandated for ten years.

New Jersey's involvement is led by Isabella Pitt of Antitrust Litigation Competition Enforcement Assistance Section Chief along with Deputy Attorneys General Leslie Prentice and Yale Leber under Assistant Attorney General Brian F. McDonough’s supervision.

The Office of the Attorney General continues to investigate violations of the New Jersey Antitrust Act to prevent unlawful trade restraints while promoting competition across the state. Workers who suspect rights violations are encouraged to report them through the Attorney General’s Complaint Portal.