I 

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. 

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 2 or more employers, in8 cluding through a franchise agreement or a 

9 contractor-subcontractor agreement; and 

10 (B) prohibits or restricts 1 employer from 

11 soliciting or hiring another employer’s employ12 ees 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) IN GENERAL.—The Commission shall 

13 enforce this section in the same manner, by the 

14 same means, and with the same jurisdiction, 

15 powers, and duties as though all applicable 

16 terms and provisions of the Federal Trade 

17 Commission Act (15 U.S.C. 41 et seq.) were in18 corporated into and made a part of this section. 

19 (B) PRIVILEGES AND IMMUNITIES.—Any 

20 person who violates subsection (b) shall be sub21 ject to the penalties and entitled to the privi22 leges and immunities provided in the Federal 

23 Trade Commission Act (15 U.S.C. 41 et seq.). 

Æ 


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