S. 2480 — Introduced in Senate

II 115th CONGRESS 2d Session S. 2480 IN THE SENATE OF THE UNITED STATES March 1, 2018Mr. 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. 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 two or more employers, including through a franchise agreement or a contractor-subcontractor agreement; and (B) prohibits or restricts one 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) 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) 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.).