I 
117TH CONGRESS 
2D SESSION 
H. R. 8755 
To amend the Fair Labor Standards Act of 1938 to prevent employers 
from using non-compete agreements in employment contracts for certain 
non-exempt employees. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 30, 2022 
Mr. GARCIA of California introduced the following bill; which was referred to 
the Committee on Education and Labor 
A BILL 
To amend the Fair Labor Standards Act of 1938 to prevent 
employers from using non-compete agreements in em-
ployment contracts for certain non-exempt employees. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring Workers’ 
Rights Act of 2022’’. 
SEC. 2. LIMITATION ON NON-COMPETE AGREEMENTS. 
(a) IN GENERAL.—The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) is amended by inserting 
after section 7 the following: 
VerDate Sep 11 2014 
01:25 Aug 31, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8755.IH
H8755
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘SEC. 8. LIMITATION ON NON-COMPETE AGREEMENTS. 
‘‘(a) DEFINITION OF NON-COMPETE AGREEMENT.— 
In this section, the term ‘non-compete agreement’ means 
an agreement, entered into between an employer and an 
employee, that restricts such employee from performing, 
after the employment relationship between the employer 
and the employee terminates, any of the following: 
‘‘(1) Any work for another employer for a speci-
fied period of time. 
‘‘(2) Any work in a specified geographical area. 
‘‘(3) Any work for another employer that is 
similar to such employee’s work for the employer 
that is a party to such agreement. 
‘‘(b) IN GENERAL.— 
‘‘(1) NO
ENFORCEMENT
OF
NON-COMPETE 
AGREEMENTS.—Any non-compete agreement entered 
into before the date of enactment of the Restoring 
Workers’ Rights Act of 2022 shall be void and have 
no effect. An employer shall not enforce, or threaten 
to enforce, any non-compete agreement with an em-
ployee. 
‘‘(2) NO NEW NON-COMPETE AGREEMENTS.— 
Beginning on the date of enactment of the Restoring 
Workers’ Rights Act of 2022, an employer shall not 
enter into, extend, or renew any non-compete agree-
ment with an employee. 
VerDate Sep 11 2014 
01:25 Aug 31, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8755.IH
H8755
pbinns on DSKJLVW7X2PROD with $$_JOB
section 15(a)(6) shall not be subject to impris-
onment’’ after ‘‘or both’’; 
(B) in subsection (b), by inserting ‘‘Any 
employer who violates the provisions of section 
8 shall be liable for such legal or equitable relief 
as may be appropriate to effectuate the pur-
poses of such section.’’ after the third sentence; 
(C) in subsection (c), by adding at the end 
the following: ‘‘The authority and requirements 
described in this subsection shall also apply 
with respect to a violation of section 8, as ap-
propriate, and the employer shall be liable for 
such legal or equitable relief as may be appro-
priate to effectuate the purposes of such sec-
tion.’’; and 
(D) in subsection (e)(2), by striking ‘‘sec-
tion 6 or 7, relating to wages,’’ and inserting 
‘‘section 6, 7, or 8, relating to wages or non- 
compete agreements,’’. 
(c) CONFORMING AMENDMENT.—Section 10 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re-
pealed. 
(d) EFFECTIVE DATE.— 
VerDate Sep 11 2014 
01:25 Aug 31, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8755.IH
H8755
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) IN GENERAL.—The amendments made by 
this Act shall take effect 180 days after the date of 
enactment of this Act. 
(2) APPLICABILITY.—This Act, and the amend-
ments made by this Act, shall apply with respect to 
any dispute or claim for which proceedings com-
menced on or after the effective date described in 
paragraph (1). 
Æ 
VerDate Sep 11 2014 
01:25 Aug 31, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H8755.IH
H8755
pbinns on DSKJLVW7X2PROD with $$_JOB