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House Bill 3920
116th Congress(2019-2020)
End Employer Collusion Act
Introduced
Introduced
Introduced in House on Jul 23, 2019
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Introduced in House 
Jul 23, 2019
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Introduced in House(Jul 23, 2019)
Jul 23, 2019
Not Scanned for Linkage
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
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H. R. 3920 (Introduced-in-House)


116th CONGRESS
1st Session
H. R. 3920


To prohibit agreements between employers that directly restrict the current or future employment of any employee.

IN THE HOUSE OF REPRESENTATIVES

July 23, 2019

Mr. Nadler (for himself and Mr. Cicilline) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit agreements between employers that directly restrict the current or future employment of any employee.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “End Employer Collusion Act”.

SEC. 2. Unfair methods of competition and agreements in restraint of trade relating to restrictive employment agreements.

(a) Definitions.—In this section:

(1) EMPLOY; EMPLOYER; EMPLOYEE.—The terms “employ”, “employer”, and “employee” have the meanings given such terms 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, restricts, or in any way limits one employer from employing, soliciting, enticing, 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) Violation.—An entity who engages in the conduct described in subsection (b) not later than the date which is 6 months after the date of enactment of this Act shall be liable for—

(1) entering into a contract in restraint of trade or commerce under section 1 of the Sherman Act (15 U.S.C. 1); and

(2) engaging in an unfair method of competition under section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)).

(d) 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 2 or more employers that are not affiliated with each other through a franchise agreement or contractor-subcontractor agreement.