,,ii  #aafth ,,congress  #ast ,session  
,s4 #bbae  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjai,mr4 ,booker 7for himself and ,ms4 
,warren7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,health1 ,education1     
,labor1 and ,pensions  ,a ,,bill  ,to   
prohibit agreements between employers   
that directly restrict the current or   
future employment of any employee4  #a4 
,short title ,this ,act may be cited as 
the ,end ,employer ,collusion ,act4  #b4
 ,unfair methods of competition relating
 to restrictive employment agreements   
7a7 ,definitions ,in this section3  7#a7
 ,employ2 employer2 employee ,the terms 
employ1 employer1 and employee have the 
meanings given such terms in section #c 
of the ,fair ,labor ,standards ,act of  
#aich 7#bi ,u4,s4,c4 #bjc74  7#b7       
,restrictive employment agreement ,the  
term restrictive employment agreement   
means any agreement that-- 7,a7 is      
between two or more employers1 including

 through a franchise agreement or a     
contractor-subcontractor agreement2 and 
7,b7 prohibits1 restricts1 or in any way
 limits one employer from employing1    
soliciting1 enticing1 or hiring another 
employer's employees or former          
employees4  7b7 ,conduct prohibited ,it 
shall be unlawful for any entity to--   
7#a7 enter into a restrictive employment
 agreement2 or  7#b7 enforce or threaten
 to enforce a restrictive employment    
agreement4  7c7 ,removal of restrictive 
employment agreements in franchise      
agreements ,any employer that has in    
effect a franchise agreement that       
includes a restrictive employment       
agreement that was entered into prior to
 the date of enactment of this ,act     
shall1 not later than the date which is 
#f months after the date of enactment of
 this ,act1 amend the franchise         
agreement to remove the restrictive     
employment agreement4  7d7 ,enforcement 
7#a7 ,private right of action  7,a7 ,in 
general ,any person who fails to comply 

with subsection 7b7 or 7c7 shall be     
liable to any individual in an amount   
equal to the sum--  7i7 of any actual   
damages sustained by the individual as a
 result of the failure2  7ii7 such      
amount of punitive damages as the court 
may allow2 and  7iii7 in the case of any
 successful action to enforce any       
liability under this section1 the costs 
of the action together with reasonable  
attorney's fees as determined by the    
court4  7,b7 ,venue ,any person may     
bring a civil action under subparagraph 
7,a7 in any appropriate district court  
of the ,united ,states4  7#b7 ,federal  
,trade ,commission  7,a7 ,powers of     
commission  7i7 ,in general ,the        
,commission shall enforce this section  
in the same manner1 by the same means1  
and with the same jurisdiction1 powers1 
and duties as though all applicable     
terms and provisions of the ,federal    
,trade ,commission ,act 7#ae ,u4,s4,c4  
#da et seq47 were incorporated into and 
made a part of this section4  7ii7      

,privileges and immunities ,any person  
who violates subsection 7b7 or 7c7 shall
 be subject to the penalties and        
entitled to the privileges and          
immunities provided in the ,federal     
,trade ,commission ,act 7#ae ,u4,s4,c4  
#da et seq474  7e7 ,restrictive         
employment agreements ,nothing in this  
,act may be construed to reduce the     
amount of damages available to a        
plaintiff in a case involving a         
restrictive employment agreement that is
 between #b or more employers that are  
not affiliated with each other through a
 franchise agreement or                 
contractor-subcontractor agreement4