I 

118TH CONGRESS 

1ST SESSION H. R. 527 

To void existing non-compete agreements for any employee who is fired 

for not complying with an employer’s COVID–19 vaccine mandate, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2023 

Ms. TENNEY (for herself, Mr. STEUBE, and Mrs. LUNA) introduced the following bill; which was referred to the Committee on Education and the 

Workforce, and in addition to the Committee on Energy and Commerce, 

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 void existing non-compete agreements for any employee 

who is fired for not complying with an employer’s 

COVID–19 vaccine mandate, and for other purposes. 

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 ‘‘Ensure Vaccine Man5 dates Eliminate Non-Competes Act’’ or the ‘‘EVEN Act’’. 


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1 SEC. 2. CERTAIN NON-COMPETE AGREEMENTS UNEN2 FORCEABLE. 

3 Any non-compete agreement between an employer 

4 and an employee or former employee who has been fired 

5 for not receiving a COVID–19 vaccine shall be unenforce6 able. 

7 SEC. 3. PROHIBITION ON CERTAIN NON-COMPETE AGREE8 MENTS. 

9 (a) REGULATIONS REQUIRED.—Not later than 60 

10 days after the date of the enactment of this Act, the Com11 mission shall issue regulations under section 553 of title 

12 5, United States Code, to prohibit an employer from en13 forcing a non-compete agreement with an employee or 

14 former employee who has been fired for not receiving a 

15 COVID–19 vaccine. 

16 (b) ENFORCEMENT.— 

17 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC18 TICES.—A violation of this section or a regulation 

19 promulgated under this section shall be treated as a 

20 violation of a regulation under section 18(a)(1)(B) 

21 of the Federal Trade Commission Act (15 U.S.C. 

22 57a(a)(1)(B)) regarding unfair or deceptive acts or 

23 practices. 

24 (2) POWERS OF THE COMMISSION.—The Com25 mission shall enforce this section and the regulations 

26 promulgated under this section in the same manner, 


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1 by the same means, and with the same jurisdiction, 

2 powers, and duties as though all applicable terms 

3 and provisions of the Federal Trade Commission Act 

4 (15 U.S.C. 41 et seq.) were incorporated into and 

5 made a part of this section, and any person who vio6 lates this section or a regulation promulgated under 

7 this section shall be subject to the penalties entitled 

8 to the privileges and immunities provided in the 

9 Federal Trade Commission Act. 

10 (3) ENFORCEMENT BY STATE ATTORNEYS GEN11 ERAL.—If the chief law enforcement officer of a 

12 State, or an official or agency designated by a State, 

13 has reason to believe that any person has violated or 

14 is violating this section or a regulation promulgated 

15 under this section, the attorney general, official, or 

16 agency of the State, in addition to any authority it 

17 may have to bring an action in State court under its 

18 consumer protection law, may bring a civil action in 

19 any appropriate United States district court or in 

20 any other court of competent jurisdiction, including 

21 a State court, to— 

22 (A) enjoin further such violation by such 

23 person; 

24 (B) enforce compliance with such sub25 section; 


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1 (C) obtain civil penalties; and 

2 (D) obtain damages, restitution, or other 

3 compensation on behalf of residents of the 

4 State. 

5 (c) DEFINITIONS.—In this section: 

6 (1) COMMISSION.—The term ‘‘Commission’’ 

7 means the Federal Trade Commission. 

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

9 meaning given in section 3 of the Fair Labor Stand10 ards Act of 1938 (29 U.S.C. 203). 

11 (3) NON-COMPETE AGREEMENT.—The term 

12 ‘‘non-compete agreement’’ means an agreement, en13 tered into between an employer and an employee, 

14 that restricts such employee from performing, after 

15 the employment relationship between the employer 

16 and the employee terminates, any of the following: 

17 (A) Any work for another employer for a 

18 specified period of time. 

19 (B) Any work in a specified geographical 

20 area. 

21 (C) Any work for another employer that is 

22 similar to such employee’s work for the em23 ployer that is a party to such agreement. 

Æ 


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