Title: End Employer Collusion Act
Policy area: Labor and Employment

Summary:
End Employer Collusion Act
This bill makes it unlawful for any entity to enter into a restrictive employment agreement, or to enforce or threaten to enforce a restrictive employment agreement. A "restrictive employment agreement" is any agreement between two or more employers that prohibits or restricts one employer from soliciting or hiring another employer's employees or former employees.
The bill allows aggrieved individuals to bring a civil action for actual and punitive damages, plus attorney's fees, against an entity that enters into, or threatens to enforce, a restrictive employment agreement.
The bill grants the Federal Trade Commission the power to enforce the requirements of this bill.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2480 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2480

  To prohibit agreements between employers that directly restrict the 
             current or future employment of any employee.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2018

Mr. Booker (for himself and Ms. Warren) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Employer Collusion Act''.

SEC. 2. UNFAIR METHODS ON COMPETITION RELATING TO RESTRICTIVE 
              EMPLOYMENT AGREEMENTS.

    (a) Definitions.--In this section:
            (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 two or more employers, including 
                through a franchise agreement or a contractor-
                subcontractor agreement; and
                    (B) prohibits or restricts one employer from 
                soliciting or hiring another employer's employees or 
                former employees.
    (b) Conduct Prohibited.--It shall be unlawful for any entity to--
            (1) enter into a restrictive employment agreement; 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;
                            (ii) such amount of punitive damages as the 
                        court may allow; and
                            (iii) in the case of any successful action 
                        to enforce any liability under this section, 
                        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 appropriate district 
                court of the United States.
            (2) Federal trade commission.--
                    (A) Powers of commission.--
                            (i) 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 
                        incorporated into and made a part of this 
                        section.
                            (ii) Privileges and immunities.--Any person 
                        who violates subsection (b) shall be subject to 
                        the penalties and entitled to the privileges 
                        and immunities provided in the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.).
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