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I
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘End Employer Collu-
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sion Act’’.
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SEC. 2. UNFAIR METHODS OF COMPETITION AND AGREE-
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MENTS IN RESTRAINT OF TRADE RELATING
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TO
RESTRICTIVE
EMPLOYMENT
AGREE-
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MENTS.
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(a) DEFINITIONS.—In this section:
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•HR 3920 IH
(1) EMPLOY;
EMPLOYER;
EMPLOYEE.—The
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terms ‘‘employ’’, ‘‘employer’’, and ‘‘employee’’ have
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the meanings given such terms in section 3 of the
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Fair Labor Standards Act of 1938 (29 U.S.C. 203).
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(2) RESTRICTIVE EMPLOYMENT AGREEMENT.—
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The term ‘‘restrictive employment agreement’’
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means any agreement that—
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(A) is between 2 or more employers, in-
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cluding through a franchise agreement or a
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contractor-subcontractor agreement; and
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(B) prohibits, restricts, or in any way lim-
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its one employer from employing, soliciting, en-
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ticing, or hiring another employer’s employees
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or former employees.
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(b) CONDUCT PROHIBITED.—It shall be unlawful for
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any entity to—
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(1) enter into a restrictive employment agree-
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ment; or
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(2) enforce or threaten to enforce a restrictive
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employment agreement.
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(c) VIOLATION.—An entity who engages in the con-
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duct described in subsection (b) not later than the date
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which is 6 months after the date of enactment of this Act
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shall be liable for—
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•HR 3920 IH
(1) entering into a contract in restraint of trade
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or commerce under section 1 of the Sherman Act
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(15 U.S.C. 1); and
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(2) engaging in an unfair method of competi-
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tion under section 5(a)(1) of the Federal Trade
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Commission Act (15 U.S.C. 45(a)(1)).
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(d) RESTRICTIVE
EMPLOYMENT
AGREEMENTS.—
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Nothing in this Act may be construed to reduce the
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amount of damages available to a plaintiff in a case involv-
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ing a restrictive employment agreement that is between
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2 or more employers that are not affiliated with each other
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through a franchise agreement or contractor-subcon-
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tractor agreement.
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Æ
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