I 

118TH CONGRESS 

1ST SESSION H. R. 4932 

To prohibit agreements between employers that directly restrict the current 

or future employment of any employee. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2023 

Mr. NADLER (for himself and Mr. CORREA) 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 one such em11 ployer from soliciting or hiring the employees or 

12 former employees of another such employer. 

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 vio22 lates subsection (b) shall be liable to any indi23 vidual harmed as a result of such violation in 

24 an amount equal to the sum— 


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1 (i) of any actual damages sustained 

2 by the individual as a result of the viola3 tion; 

4 (ii) such amount of punitive damages 

5 as the court may allow; and 

6 (iii) in the case of any successful ac7 tion to enforce any liability under this sec8 tion, the costs of the action and any rea9 sonable attorney’s fees, as determined by 

10 the court. 

11 (B) VENUE.—An individual described in 

12 subparagraph (A) may bring a civil action 

13 under subparagraph (A) in any appropriate dis14 trict court of the United States. 

15 (2) FEDERAL TRADE COMMISSION.— 

16 (A) IN GENERAL.—The Commission shall 

17 enforce this section in the same manner, by the 

18 same means, and with the same jurisdiction, 

19 powers, and duties as though all applicable 

20 terms and provisions of the Federal Trade 

21 Commission Act (15 U.S.C. 41 et seq.) were in22 corporated into and made a part of this section. 

23 (B) PRIVILEGES AND IMMUNITIES.—Any 

24 person who violates subsection (b) shall be sub25 ject to the penalties and entitled to the priviVerDate Sep 11 2014 04:14 Aug 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4932.IH H4932

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1 leges and immunities provided in the Federal 

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

Æ 


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