1. Short title This Act may be cited as the Workforce Mobility Act of 2018 . 2. Prohibiting covenants not to compete No employer shall enter into a covenant not to compete with any employee of such employer, who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce). 3. Presumption of illegality of covenants not to compete in employment contracts A covenant not to compete contained in an employment contract made between an employer and an employee is anticompetitive and violates the antitrust laws unless the employer establishes by a preponderance of the evidence that the covenant does not have an anticompetitive effect or that the pro-competitive effects outweigh the anticompetitive harm. 4. Private right of action (a) In general Any person who fails to comply with section 2 shall be liable to any individual in an amount equal to the sum of— (1) any actual damages sustained by the individual as a result of the failure; (2) such amount of punitive damages as the court may allow