1. Short title This Act may be cited as the End Employer Collusion Act . 2. Unfair methods of competition 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 two 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) Removal of restrictive employment agreements in franchise agreements Any employer that has in effect a franchise agreement that includes a restrictive employment agreement that was entered into prior to the date of enactment of this Act shall, not later than the date which is 6 months after the date of enactment of this Act, amend the franchise agreement to remove the restrictive employment agreement. (d) Enforcement (1) Private right of action (A) In general Any person who fails to comply with subsection (b) or (c) 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