A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.

Eduardo Lopez, a home healthcare staffing executive accused of conspiring to fix his workers' earning capacity as well as hiding the investigation while wooing the buyer of his business, made the argument Monday among myriad motions ahead of a trial set for March 24.

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Lopez is represented by Mark Krotoski and Richard P. Donoghue of Pillsbury Winthrop Shaw Pittman LLP, Paola Armeni of Clark Hill PLC and Samuel Braverman of Anderson Kill PC.

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