Attorney General fines title company $3.5M for illegal labor practices

March 30, 2023 Robert Abruzzese

New York Attorney General Letitia James. Photo: Seth Wenig/AP

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STATEWIDE — Attorney General Letitia James has successfully negotiated an agreement with Fidelity National Financial, Inc. (Fidelity), the largest title insurance company in the United States, to end its illegal no-poach agreements with competitors.

The investigation by the Office of the Attorney General (OAG) discovered that Fidelity and its rivals had engaged in unlawful no-poach agreements, where they agreed not to solicit each other’s employees. These agreements significantly reduced competition in the labor market and led to lower wages and limited opportunities for workers, James said.

“New York has always been a place for individuals to achieve their dreams, but when companies illegally collude to deny workers the opportunity to pursue better jobs, they hamper those dreams,” said Attorney General James. “New Yorkers deserve fair pay for their hard work and experience in their fields, and their career growth should never be threatened by a company’s desire to save money on wages. My office will continue standing up for workers’ rights by stopping no-poach agreements and holding companies accountable for their bad actions.”

As part of the agreement, Fidelity has agreed to terminate any existing no-poach agreements, pay the state $3.5 million, and cooperate with OAG’s ongoing investigations into the industry.

This latest development is part of Attorney General James’ ongoing efforts to stop the harmful impact of no-poach agreements on workers and the economy. In recent months, she has secured agreements from other top title insurance companies, such as AmTrust and First Nationwide, as well as Stewart Title Guaranty Corporation, one of the largest underwriters of title insurance in the country.

Attorney General James has been at the forefront of a movement to end no-poach agreements, which have been increasingly used in many industries. In 2019, she and a group of attorneys general secured a deal with several fast-food franchises, Dunkin’, Arby’s, Five Guys, and Little Caesars, to end their use of no-poach agreements.