,,ii  #aadth ,,congress  #ast ,session  
,s4 #aejd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #d1 #bjae
 ,mr4 ,murphy 7for himself and ,mr4     
,franken7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,health1 ,education1  
,labor1 and ,pensions  ,a ,,bill  ,to   
prohibit employers from requiring       
low-wage employees to enter into        
covenants not to compete1 to require    
employers to notify potential employees 
of any requirement to enter into a      
covenant not to compete1 and for other  
purposes4  #a4 ,short title  ,this ,act 
may be cited as the ,mobility and       
,opportunity for ,vulnerable ,employees 
,act or the ,,move ,act4  #b4           
,definitions ,in this ,act3 7#a7        
,commerce ,the term commerce has the    
meaning given such term in section #c of
 the ,fair ,labor ,standards ,act of    
#aich 7#bi ,u4,s4,c4 #bjc74  7#b7       
,covenant not to compete ,the term      
covenant not to compete means an        

agreement-- 7,a7 between an employee and
 employer that restricts such employee  
from performing--  7i7 any work for     
another employer for a specified period 
of time2  7ii7 any work in a specified  
geographical area2 or  7iii7 work for   
another employer that is similar to such
 employee's work for the employer       
included as a party to the agreement2   
and  7,b7 that is entered into after the
 date of enactment of this ,act4  7#c7  
,employee2 employer2 enterprise2        
enterprise engaged in commerce or in the
 production of goods for commerce2 goods
 ,the terms employee1 employer1         
enterprise1 enterprise engaged in       
commerce or in the production of goods  
for commerce1 and goods have the        
meanings given such terms in section #c 
of the ,fair ,labor ,standards ,act of  
#aich 7#bi ,u4,s4,c4 #bjc74  7#d7       
,livable hourly rate ,the term livable  
hourly rate means-- 7,a7 for the fiscal 
year of the date of enactment of this   
,act1 the greater of--  7i7 #ae per     

hour2 or  7ii7 the hourly rate equal to 
the minimum wage required by the        
applicable ,state or local minimum wage 
law2 and  7,b7 for each succeeding      
fiscal year1 the greater of-- 7i7 the   
adjusted amount described in section    
#c7;c72 or  7ii7 the hourly rate equal  
to the minimum wage required by the     
applicable ,state or local minimum wage 
law4  7#e7 ,low-wage employee ,the term 
low-wage employee-- 7,a7 means an       
employee who1 excluding any overtime    
compensation required under section #g  
of the ,fair ,labor ,standards ,act of  
#aich 7#bi ,u4,s4,c4 #bjg7 or under an  
applicable ,state law1 receives from the
 applicable employer--  7i7 an hourly   
compensation that is less than the      
livable hourly rate2 or  7ii7 an annual 
compensation that is equal to or less   
than--  7,i7 for the fiscal year of the 
date of enactment of this ,act1 #ca1bjj 
per year2 and  7,,ii7 for each          
succeeding fiscal year1 the adjusted    
amount described in section #c7;c72 and 

7,b7 does not include any salaried      
employee who receives from the          
applicable employer compensation that1  
for #b consecutive months1 is greater   
than--  7i7 for the fiscal year of the  
date of enactment of this ,act1 #e1jjj2 
and  7ii7 for each succeeding fiscal    
year1 the adjusted amount described in  
such section4  7#f7 ,secretary ,the term
 ,secretary means the ,secretary of     
,labor4  7#g7 ,state ,the term ,state   
has the meaning given such term in      
section #c of the ,fair ,labor          
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjc74  #c4 ,prohibiting covenants not  
to compete for low-wage employees  7a7  
,in general ,no employer shall enter    
into a covenant not to compete with any 
low-wage employee of such employer1 who 
in any workweek is engaged in commerce  
or in the production of goods for       
commerce 7or is employed in an          
enterprise engaged in commerce or in the
 production of goods for commerce74  7b7
 ,notice  ,an employer who employs any  

low-wage employee1 who in any workweek  
is engaged in commerce or in the        
production of goods for commerce 7or is 
employed in an enterprise engaged in    
commerce or in the production of goods  
for commerce71 shall post notice of the 
provisions of this ,act in a conspicuous
 place on the premises of such employer4
  7c7 ,inflation adjustment  7#a7 ,in   
general ,for each fiscal year after the 
fiscal year of the date of enactment of 
this ,act1 the ,secretary shall adjust  
each amount in effect under section     
#b7d77;,b77i71 section                  
#b7e77;,a77ii77,,ii71 or section        
#b7e77;,b77ii7 for inflation by         
increasing each such amount1 as in      
effect for the preceding fiscal year1 by
 the annual percentage increase in the  
,consumer ,price ,index for ,urban ,wage
 ,earners and ,clerical ,workers        
7,united ,states city average1 all      
items1 not seasonally adjusted71 or its 
successor publication1 as determined by 
the ,bureau of ,labor ,statistics4  7#b7

 ,rounding amounts ,the amounts adjusted
 under paragraph 7#a7 shall be rounded  
to the nearest multiple of #j4je4  #d4  
,disclosure requirement for covenants   
not to compete ,in order for an employer
 to require an employee1 who in any     
workweek is engaged in commerce or in   
the production of goods for commerce 7or
 is employed in an enterprise engaged in
 commerce or in the production of goods 
for commerce7 and is not a low-wage     
employee1 to enter into a covenant not  
to compete1 the employer shall1 prior to
 the employment of such employee and at 
the beginning of the process for hiring 
such employee1 have disclosed to such   
employee the requirement for entering   
into such covenant4  #e4 ,enforcement   
7a7 ,in general ,the ,secretary shall   
receive1 investigate1 attempt to        
resolve1 and enforce a complaint of a   
violation of section #c or #d in the    
same manner that the ,secretary         
receives1 investigates1 and attempts to 
resolve a complaint of a violation of   

section #f or #g of the ,fair ,labor    
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjf and #bjg71 subject to subsection   
7b74  7b7 ,civil fine  7#a7 ,maximum    
fine ,the ,secretary shall impose a     
civil fine-- 7,a7 with respect to any   
employer who violates section #c7;a7 or 
#d1 an amount not to exceed #e1jjj for  
each employee who was the subject of    
such violation2 and  7,b7 with respect  
to any employer who violates section    
#c7;b71 an amount not to exceed #e1jjj4 
7#b7 ,consideration ,in determining the 
amount of any civil fine under this     
subsection1 the ,secretary shall        
consider the appropriateness of the fine
 to the size of the employer subject to 
such fine and the gravity of the        
applicable violation4