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 provides for penalties under the Sherman Act and the Federal Trade Commission Act for entering into a restrictive employment agreement.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3920 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3920

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2019

  Mr. Nadler (for himself and Mr. Cicilline) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 OF COMPETITION AND AGREEMENTS IN RESTRAINT OF 
              TRADE RELATING TO RESTRICTIVE EMPLOYMENT AGREEMENTS.

    (a) Definitions.--In this section:
            (1) Employ; employer; employee.--The terms ``employ'', 
        ``employer'', and ``employee'' have the meanings given such 
        terms 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, including 
                through a franchise agreement or a contractor-
                subcontractor agreement; and
                    (B) prohibits, restricts, or in any way limits one 
                employer from employing, soliciting, enticing, 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) Violation.--An entity who engages in the conduct described in 
subsection (b) not later than the date which is 6 months after the date 
of enactment of this Act shall be liable for--
            (1) entering into a contract in restraint of trade or 
        commerce under section 1 of the Sherman Act (15 U.S.C. 1); and
            (2) engaging in an unfair method of competition under 
        section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 
        45(a)(1)).
    (d) Restrictive Employment Agreements.--Nothing in this Act may be 
construed to reduce the amount of damages available to a plaintiff in a 
case involving a restrictive employment agreement that is between 2 or 
more employers that are not affiliated with each other through a 
franchise agreement or contractor-subcontractor agreement.
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