S. 2535 — Introduced in Senate

II 118th CONGRESS 1st Session S. 2535 IN THE SENATE OF THE UNITED STATES July 26, 2023Mr. 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 2 or more employers, including through a franchise agreement or a contractor-subcontractor agreement; and (B) prohibits or restricts one such employer from soliciting or hiring the employees or former employees of another such employer. (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 violates subsection (b) shall be liable to any individual harmed as a result of such violation in an amount equal to the sum— (i) of any actual damages sustained by the individual as a result of the violation; (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 and any reasonable attorney’s fees, as determined by the court. (B) Venue An individual described in subparagraph (A) may bring a civil action under subparagraph (A) in any appropriate district court of the United States. (2) Federal Trade Commission (A) 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. (B) 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.).