Employment Freedom for All Act
Bill: H.R.5851 | Sponsor: Rep. Tenney, Claudia (R-NY)
Policy area: Labor and Employment

Summary:
Employment Freedom for All Act
This bill prohibits an employer from enforcing a noncompete agreement with an employee, or former employee, who has been fired for not receiving a COVID-19 vaccine.
The Federal Trade Commission and state attorneys general are authorized to enforce this 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 Representatives 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''.

SEC. 2. CERTAIN NON-COMPETE AGREEMENTS UNENFORCEABLE.

    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 unenforceable.

SEC. 3. PROHIBITION ON CERTAIN NON-COMPETE AGREEMENTS.

    (a) Regulations Required.--Not later than 60 days after the date of 
the enactment of this Act, the Commission shall issue regulations under 
section 553 of title 5, United States Code, to prohibit an employer 
from enforcing 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 practices.--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 Commission shall enforce 
        this section and the regulations promulgated under 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 incorporated into and made a part of this 
        section, and any person who violates 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 general.--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 subsection;
                    (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 Standards Act of 1938 (29 U.S.C. 
        203).
            (3) Non-compete agreement.--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:
                    (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 employer that is a 
                party to such agreement.
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