H.R. 5632House115th Congress (2017-2019)In Committee

End Employer Collusion Act

AI-Generated Summary

Updated April 15, 2026 at 9:37 PM UTC

The End Employer Collusion Act seeks to stop employers from making deals that limit their ability to hire each other's workers, whether current or former. It defines these “restrictive employment agreements” and makes them unlawful to create, enforce, or threaten to enforce. The bill lets affected employees sue for damages and gives the FTC the power to enforce the rule.

Key Provisions

Makes it illegal for two or more employers (including franchises or contractor‑subcontractor relationships) to agree not to hire each other's current or former employees.
Bars any employer from enforcing or threatening to enforce such a restrictive hiring agreement.
Allows an employee who is harmed by a prohibited agreement to sue in federal court for actual damages, punitive damages, and recover attorney’s fees and court costs.
Gives the Federal Trade Commission authority to enforce the ban using the same powers it has under the FTC Act.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Administrative State, Regulatory Reform, and Antitrust Subcommittee

May 22, 2018

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HouseIntro Referral

Introduced in House

April 26, 2018

HouseIntro Referral

Referred to the Committee on Education and the Workforce, and in addition to the Committees on Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Education and Workforce Committee

April 26, 2018

HouseCommittee

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Administrative State, Regulatory Reform, and Antitrust Subcommittee

May 22, 2018

Bill Text

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Introduced in HouseIssued April 26, 2018

115th CONGRESS

2d Session

H. R. 5632

IN THE HOUSE OF REPRESENTATIVES

April 26, 2018

Mr. Ellison (for himself, Mr. Nadler, Mr. Cicilline, and Mr. Crowley) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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

Short title

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

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 1 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)

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.).