,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #bghb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bf1    
#bjah ,mr4 ,murphy 7for himself1 ,ms4   
,warren1 and ,mr4 ,wyden7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on       
,health1 ,education1 ,labor1 and        
,pensions  ,a ,,bill  ,to prohibit      
covenants not to compete and require    
employers to notify employees of such   
prohibition1 and for other purposes4    
#a4 ,short title  ,this ,act may be     
cited as the ,workforce ,mobility ,act  
of #bjah4  #b4 ,prohibiting covenants   
not to compete  7a7 ,in general ,no     
employer shall enter into1 enforce1 or  
threaten to enforce a covenant not to   
compete with any 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

 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
  #c4 ,department of ,labor enforcement 
7a7 ,in general ,the ,secretary shall   
receive1 investigate1 attempt to        
resolve1 and enforce a complaint of a   
violation of section #b 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 ,the ,secretary shall impose
 a civil fine-- 7#a7 with respect to any
 employer who violates section #b7;a71  
in an amount not to exceed #e1jjj for-- 
7,a7 each employee aggrieved by such    
violation2 and  7,b7 for each week the  

employer is in violation of such        
section2 and  7#b7 with respect to any  
employer who violates section #b7;b71 in
 an amount not to exceed #e1jjj for each
 week the employer is in violation of   
such section4  #d4 ,private right of    
action  7a7 ,in general ,an employee who
 is aggrieved by a violation of section 
#b may bring a civil action in an       
appropriate district court of the       
,united ,states4  7b7 ,relief ,in a     
civil action under subsection 7a71 a    
court may award-- 7#a7 any actual       
damages sustained by the employee as a  
result of the violation2  7#b7 such     
amount of punitive damages as the court 
may allow2 and  7#c7 for an employee    
that is a prevailing party1 the costs of
 the action and reasonable attorney's   
fees1 as determined by the court4  #e4  
,trade secrets ,nothing in this ,act    
shall preclude an employer from entering
 into an agreement with an employee to  
not share any information 7including    
after the employee is no longer employed

 by the employer7 regarding the employer
 or the employment that is a trade      
secret1 as defined in section #ahci of  
title #ah1 ,united ,states ,code4  #f4  
,definitions ,for purposes of 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        
agreement1 entered into after the date  
of enactment of this ,act between an    
employer and an employee1 that restricts
 such employee from performing1 after   
the employment relationship between the 
employer and the employee terminates1   
any of the following3  7,a7 ,any work   
for another employer for a specified    
period of time4  7,b7 ,any work in a    
specified geographical area4  7,c7 ,any 
work for another employer that is       
similar to such employee's work for the 
employer that is a party to such        
agreement4  7#c7 ,employee2 employer    

,the terms employee and employer 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    
,secretary ,the term ,secretary means   
the ,secretary of ,labor4  7#e7 ,state  
,the term ,state means any of the       
several ,states or the ,district of     
,columbia4