II 

116TH CONGRESS 

1ST SESSION S. 2215 

To prohibit agreements between employers that directly restrict the current 

or future employment of any employee. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2019 

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 OF COMPETITION RELATING TO 

7 RESTRICTIVE EMPLOYMENT AGREEMENTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) EMPLOY; EMPLOYER; EMPLOYEE.—The 

10 terms ‘‘employ’’, ‘‘employer’’, and ‘‘employee’’ have 


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1 the meanings given such terms in section 3 of the 

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

3 (2) RESTRICTIVE EMPLOYMENT AGREEMENT.— 

4 The term ‘‘restrictive employment agreement’’ 

5 means any agreement that— 

6 (A) is between two or more employers, in7 cluding through a franchise agreement or a 

8 contractor-subcontractor agreement; and 

9 (B) prohibits, restricts, or in any way lim10 its one employer from employing, soliciting, en11 ticing, or hiring another employer’s employees 

12 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) REMOVAL OF RESTRICTIVE EMPLOYMENT

20 AGREEMENTS IN FRANCHISE AGREEMENTS.—Any em21 ployer that has in effect a franchise agreement that in22 cludes a restrictive employment agreement that was en23 tered into prior to the date of enactment of this Act shall, 

24 not later than the date which is 6 months after the date 


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1 of enactment of this Act, amend the franchise agreement 

2 to remove the restrictive employment agreement. 

3 (d) ENFORCEMENT.— 

4 (1) PRIVATE RIGHT OF ACTION.— 

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

6 comply with subsection (b) or (c) shall be liable 

7 to any individual in an amount equal to the 

8 sum— 

9 (i) of any actual damages sustained 

10 by the individual as a result of the failure; 

11 (ii) such amount of punitive damages 

12 as the court may allow; and 

13 (iii) in the case of any successful ac14 tion to enforce any liability under this sec15 tion, the costs of the action together with 

16 reasonable attorney’s fees as determined by 

17 the court. 

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

19 action under subparagraph (A) in any appro20 priate district court of the United States. 

21 (2) FEDERAL TRADE COMMISSION.— 

22 (A) POWERS OF COMMISSION.— 

23 (i) IN GENERAL.—The Commission 

24 shall enforce this section in the same man25 ner, by the same means, and with the 


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1 same jurisdiction, powers, and duties as 

2 though all applicable terms and provisions 

3 of the Federal Trade Commission Act (15 

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

5 and made a part of this section. 

6 (ii) PRIVILEGES AND IMMUNITIES.— 

7 Any person who violates subsection (b) or 

8 (c) shall be subject to the penalties and en9 titled to the privileges and immunities pro10 vided in the Federal Trade Commission 

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

12 (e) RESTRICTIVE EMPLOYMENT AGREEMENTS.— 

13 Nothing in this Act may be construed to reduce the 

14 amount of damages available to a plaintiff in a case involv15 ing a restrictive employment agreement that is between 

16 2 or more employers that are not affiliated with each other 

17 through a franchise agreement or contractor-subcon18 tractor agreement. 

Æ 


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