[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5632 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5632

  To prohibit agreements between employers that directly restrict the 
             current or future employment of any employee.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2018

 Mr. Ellison (for himself, Mr. Nadler, Mr. Cicilline, and Mr. Crowley) 
 introduced the following bill; which was referred to the Committee on 
   Education and the Workforce, and in addition to the Committees on 
Energy and Commerce, and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To prohibit agreements between employers that directly restrict the 
             current or future employment of any employee.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Employer Collusion Act''.

SEC. 2. UNFAIR METHODS ON COMPETITION RELATING TO RESTRICTIVE 
              EMPLOYMENT AGREEMENTS.

    (a) Definitions.--In this section:
            (1) Employer.--The term ``employer'' has the meaning given 
        the term in section 3 of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 203).
            (2) Restrictive employment agreement.--the term 
        ``restrictive employment agreement'' means any agreement that--
                    (A) is between 2 or more employers, including 
                through a franchise agreement or a contractor-
                subcontractor agreement; and
                    (B) prohibits or restricts 1 employer from 
                soliciting or hiring another employer's employees or 
                former employees.
    (b) Conduct Prohibited.--It shall be unlawful for any entity to--
            (1) enter into a restrictive employment agreement; or
            (2) enforce or threaten to enforce a restrictive employment 
        agreement.
    (c) Enforcement.--
            (1) Private right of action.--
                    (A) In general.--Any person who fails to comply 
                with subsection (b) shall be liable to any individual 
                in an amount equal to the sum--
                            (i) of any actual damages sustained by the 
                        individual as a result of the failure;
                            (ii) such amount of punitive damages as the 
                        court may allow; and
                            (iii) in the case of any successful action 
                        to enforce any liability under this section, 
                        the costs of the action together with 
                        reasonable attorney's fees as determined by the 
                        court.
                    (B) Venue.--Any person may bring a civil action 
                under subparagraph (A) in any appropriate district 
                court of the United States.
            (2) Federal trade commission.--
                    (A) In general.--The Commission shall enforce this 
                section in the same manner, by the same means, and with 
                the same jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person who 
                violates subsection (b) shall be subject to the 
                penalties and entitled to the privileges and immunities 
                provided in the Federal Trade Commission Act (15 U.S.C. 
                41 et seq.).
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