117 HR 5851 IH: Employment Freedom for All Act U.S. House of Representatives 2021-11-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5851IN THE HOUSE OF REPRESENTATIVESNovember 3, 2021Ms. Tenney (for herself, Mr. Hice of Georgia, Mr. Mast, Mr. Mann, Mr. Gohmert, Mr. Timmons, Mrs. Miller of Illinois, Mr. Guthrie, and Mr. Guest) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Energy and Commerce, 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 concernedA BILLTo void existing non-compete agreements for any employee who is fired for not complying with an employer’s COVID–19 vaccine mandate, and for other purposes.

1.

Short title

This Act may be cited as the Employment Freedom for All Act.

2.

Certain non-compete agreements unenforceable

Any non-compete agreement between an employer and an employee or former employee who has been fired for not receiving a COVID–19 vaccine shall be unenforceable.

3.

Prohibition on certain non-compete agreements

(a)

Regulations required

Not later than 60 days after the date of the enactment of this Act, the Commission shall issue regulations under section 553 of title 5, United States Code, to prohibit an employer from enforcing a non-compete agreement with an employee or former employee who has been fired for not receiving a COVID–19 vaccine. (b)

Enforcement

(1)

Unfair or deceptive acts or practices

A violation of this section or a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.(2)

Powers of the commission

The Commission shall enforce this section and the regulations promulgated under 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, and any person who violates this section or a regulation promulgated under this section shall be subject to the penalties entitled to the privileges and immunities provided in the Federal Trade Commission Act.(3)

Enforcement by state attorneys general

If the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this section or a regulation promulgated under this section, the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under its consumer protection law, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction, including a State court, to—(A)enjoin further such violation by such person;(B)enforce compliance with such subsection;(C)obtain civil penalties; and(D)obtain damages, restitution, or other compensation on behalf of residents of the State.(c)

Definitions

In this section:(1)

Commission

The term Commission means the Federal Trade Commission.(2)

Employer

The term employer has the meaning given in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (3)

Non-compete agreement

The term non-compete agreement means an agreement, entered into between an employer and an employee, that restricts such employee from performing, after the employment relationship between the employer and the employee terminates, any of the following:(A)Any work for another employer for a specified period of time. (B)Any work in a specified geographical area. (C)Any work for another employer that is similar to such employee’s work for the employer that is a party to such agreement.