End Employer Collusion Act

Bill: 115-hr-5632
Sponsor: full_name: Rep. Ellison, Keith [D-MN-5]
Introduced: 2018-04-26
Policy area: Labor and Employment
Subjects: Civil actions and liability

Competition and antitrust

Contracts and agency

Employee hiring

Employment discrimination and employee rights

Labor-management relations
Latest action: action_date: 2018-05-22
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Summaries:
action_date: 2018-04-26
action_desc: Introduced in House
text: <p><b>End Employer Collusion Act</b></p> <p>This bill makes it unlawful for any entity to enter into a restrictive employment agreement, or enforce or threaten to enforce a restrictive employment agreement. A &quot;restrictive employment agreement&quot; 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.</p> <p>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.</p> <p>The bill grants the Federal Trade Commission the power to enforce the requirements of this bill.</p>

tv_txt: I 115th CONGRESS 2d Session H. R. 5632 IN THE HOUSE OF REPRESENTATIVES April 26, 2018 Mr. Ellison (for himself, Mr. Nadler , Mr. Cicilline , and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Energy and Commerce , and the Judiciary , 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 prohibit agreements between employers that directly restrict the current or future employment of any employee.

1. Short title This Act may be cited as the End Employer Collusion Act . 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 2 or more employers, including through a franchise agreement or a contractor-subcontractor agreement; and (B) prohibits or restricts 1 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) 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. (B) 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.).