[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2535 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2535

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2023

Mr. Booker (for himself and Ms. Warren) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 one such employer from 
                soliciting or hiring the employees or former employees 
                of another such employer.
    (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 violates subsection 
                (b) shall be liable to any individual harmed as a 
                result of such violation in an amount equal to the 
                sum--
                            (i) of any actual damages sustained by the 
                        individual as a result of the violation;
                            (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 and any reasonable 
                        attorney's fees, as determined by the court.
                    (B) Venue.--An individual described in subparagraph 
                (A) 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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