; (2) such amount of punitive damages as the court may allow; and (3) for an employee that is a prevailing party, the costs of the action and reasonable attorney’s fees, as determined by the court. 5. Trade secrets Nothing in this Act shall preclude an employer from entering into an agreement with an employee to not share any information (including after the employee is no longer employed by the employer) regarding the employer or the employment that is a trade secret, as defined in section 1839 of title 18, United States Code. 6. Definitions For purposes of this Act: (1) Commerce The term commerce has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (2) Covenant not to compete The term covenant not to compete means an agreement, entered into after the date of enactment of this Act between an employer and an employee, that restricts such employee from performing, after the employment relationship between the employer and the employee terminates, any of the following: (A) Any work for another employer for a specified period of time. (B) Any work in a specified geographical area. (C) Any work for another employer that is similar to such employee’s work for the employer that is a party to such agreement. (3) Employee; employer The terms employee and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (4) Secretary The term Secretary means the Secretary of Labor. (5) State The term State means any of the several States or the District of Columbia.