[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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