II 

115TH CONGRESS 

2D SESSION S. 2480 

To prohibit agreements between employers that directly restrict the current 

or future employment of any employee. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2018 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Employer Collu5 sion Act’’. 

6 SEC. 2. UNFAIR METHODS ON COMPETITION RELATING TO 

7 RESTRICTIVE EMPLOYMENT AGREEMENTS. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) EMPLOYER.—The term ‘‘employer’’ has the 

2 meaning given the term in section 3 of the Fair 

3 Labor Standards Act of 1938 (29 U.S.C. 203). 

4 (2) RESTRICTIVE EMPLOYMENT AGREEMENT.— 

5 the term ‘‘restrictive employment agreement’’ means 

6 any agreement that— 

7 (A) is between two or more employers, in8 cluding through a franchise agreement or a 

9 contractor-subcontractor agreement; and 

10 (B) prohibits or restricts one employer 

11 from soliciting or hiring another employer’s em12 ployees or former employees. 

13 (b) CONDUCT PROHIBITED.—It shall be unlawful for 

14 any entity to— 

15 (1) enter into a restrictive employment agree16 ment; or 

17 (2) enforce or threaten to enforce a restrictive 

18 employment agreement. 

19 (c) ENFORCEMENT.— 

20 (1) PRIVATE RIGHT OF ACTION.— 

21 (A) IN GENERAL.—Any person who fails to 

22 comply with subsection (b) shall be liable to any 

23 individual in an amount equal to the sum— 

24 (i) of any actual damages sustained 

25 by the individual as a result of the failure; 


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1 (ii) such amount of punitive damages 

2 as the court may allow; and 

3 (iii) in the case of any successful ac4 tion to enforce any liability under this sec5 tion, the costs of the action together with 

6 reasonable attorney’s fees as determined by 

7 the court. 

8 (B) VENUE.—Any person may bring a civil 

9 action under subparagraph (A) in any appro10 priate district court of the United States. 

11 (2) FEDERAL TRADE COMMISSION.— 

12 (A) POWERS OF COMMISSION.— 

13 (i) IN GENERAL.—The Commission 

14 shall enforce this section in the same man15 ner, by the same means, and with the 

16 same jurisdiction, powers, and duties as 

17 though all applicable terms and provisions 

18 of the Federal Trade Commission Act (15 

19 U.S.C. 41 et seq.) were incorporated into 

20 and made a part of this section. 

21 (ii) PRIVILEGES AND IMMUNITIES.— 

22 Any person who violates subsection (b) 

23 shall be subject to the penalties and enti24 tled to the privileges and immunities proVerDate Sep 11 2014 04:20 Mar 06, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2480.IS S2480

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1 vided in the Federal Trade Commission 

2 Act (15 U.S.C. 41 et seq.). 

Æ 


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