I 
117TH CONGRESS 
1ST SESSION H. R. 5851 
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 
NOVEMBER 3, 2021 
Ms. TENNEY (for herself, Mr. HICE of Georgia, Mr. MAST, Mr. MANN, Mr. 
GOHMERT, Mr. TIMMONS, Mrs. MILLER of Illinois, Mr. GUTHRIE, and 
Mr. GUEST) introduced the following bill; which was referred to the Com-
mittee on Education and Labor, and in addition to the Committee on En-
ergy 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. 
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 ‘‘Employment Freedom 
for All Act’’. 
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SEC. 2. CERTAIN NON-COMPETE AGREEMENTS UNEN-
FORCEABLE. 
Any non-compete agreement between an employer 
and an employee or former employee who has been fired 
for not receiving a COVID–19 vaccine shall be unenforce-
able. 
SEC. 3. PROHIBITION ON CERTAIN NON-COMPETE AGREE-
MENTS. 
(a) REGULATIONS REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, the Com-
mission shall issue regulations under section 553 of title 
5, United States Code, to prohibit an employer from en-
forcing a non-compete agreement with an employee or 
former employee who has been fired for not receiving a 
COVID–19 vaccine. 
(b) ENFORCEMENT.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this section or a regulation 
promulgated under this section shall be treated as a 
violation of a regulation under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS OF THE COMMISSION.—The Com-
mission shall enforce this section and the regulations 
promulgated under this section in the same manner, 
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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 incorporated into and 
made a part of this section, and any person who vio-
lates this section or a regulation promulgated under 
this section shall be subject to the penalties entitled 
to the privileges and immunities provided in the 
Federal Trade Commission Act. 
(3) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.—If the chief law enforcement officer of a 
State, or an official or agency designated by a State, 
has reason to believe that any person has violated or 
is violating this section or a regulation promulgated 
under this section, the attorney general, official, or 
agency of the State, in addition to any authority it 
may have to bring an action in State court under its 
consumer protection law, may bring a civil action in 
any appropriate United States district court or in 
any other court of competent jurisdiction, including 
a State court, to— 
(A) enjoin further such violation by such 
person; 
(B) enforce compliance with such sub-
section; 
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(C) obtain civil penalties; and 
(D) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State. 
(c) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given in section 3 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 203). 
(3) NON-COMPETE
AGREEMENT.—The term 
‘‘non-compete agreement’’ means an agreement, en-
tered 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: 
(A) Any work for another employer for a 
specified period of time. 
(B) Any work in a specified geographical 
area. 
(C) Any work for another employer that is 
similar to such employee’s work for the em-
ployer that is a party to such agreement. 
Æ 
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