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.
Any employer that has in effect a franchise agreement that includes a restrictive employment agreement that was entered into before enactment of this bill must amend the franchise agreement to remove such agreement.
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, or fails to remove, a restrictive employment agreement.
The bill grants the Federal Trade Commission the power to enforce the requirements of this bill.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2215 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2215

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2019

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 OF COMPETITION 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 two 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) Removal of Restrictive Employment Agreements in Franchise 
Agreements.--Any employer that has in effect a franchise agreement that 
includes a restrictive employment agreement that was entered into prior 
to the date of enactment of this Act shall, not later than the date 
which is 6 months after the date of enactment of this Act, amend the 
franchise agreement to remove the restrictive employment agreement.
    (d) Enforcement.--
            (1) Private right of action.--
                    (A) In general.--Any person who fails to comply 
                with subsection (b) or (c) 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) or (c) 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.).
    (e) 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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