Giordano v. Saks Inc.

  • U.S. Court of Appeals for the Second Circuit
  • Filed
  • Updated

Case Movement

Case Details

  • Case Status: Ongoing
  • Docket Number: 23-600
  • Category: Workforce and Benefits

Issue

How to define relevant product and labor markets, particularly for labor markets that include restaurants and retail stores in the context of “no-poaching” agreements.

November 3, 2023

The Restaurant Law Center argues in its brief that from a practical perspective Plaintiffs did not—and could not—plausibly allege a nationwide market for labor. Switching employment between different types of retail stores and in other industries—like the restaurant industry—that pay about the same or more and have similar job responsibilities and qualifications in a small geographic area is common place.