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 En-
ergy and Commerce, and the Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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. 
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 ‘‘End Employer Collu-
sion Act’’. 
SEC. 2. UNFAIR METHODS ON COMPETITION RELATING TO 
RESTRICTIVE EMPLOYMENT AGREEMENTS. 
(a) DEFINITIONS.—In this section: 
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(1) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(2) RESTRICTIVE EMPLOYMENT AGREEMENT.— 
the term ‘‘restrictive employment agreement’’ means 
any agreement that— 
(A) is between 2 or more employers, in-
cluding through a franchise agreement or a 
contractor-subcontractor agreement; and 
(B) prohibits or restricts 1 employer from 
soliciting or hiring another employer’s employ-
ees or former employees. 
(b) CONDUCT PROHIBITED.—It shall be unlawful for 
any entity to— 
(1) enter into a restrictive employment agree-
ment; or 
(2) enforce or threaten to enforce a restrictive 
employment agreement. 
(c) ENFORCEMENT.— 
(1) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.—Any person who fails to 
comply with subsection (b) shall be liable to any 
individual in an amount equal to the sum— 
(i) of any actual damages sustained 
by the individual as a result of the failure; 
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(ii) such amount of punitive damages 
as the court may allow; and 
(iii) in the case of any successful ac-
tion to enforce any liability under this sec-
tion, the costs of the action together with 
reasonable attorney’s fees as determined by 
the court. 
(B) VENUE.—Any person may bring a civil 
action under subparagraph (A) in any appro-
priate district court of the United States. 
(2) FEDERAL TRADE COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this section in the same manner, by the 
same means, and with the same jurisdiction, 
powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates subsection (b) shall be sub-
ject to the penalties and entitled to the privi-
leges and immunities provided in the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.). 
Æ 
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