Currently, there are no federal laws dealing with the application of a non-compete clause between private employers. While laws restricting such agreements have gained strength at the state level, similar legislative attempts by the U.S. Congress have failed. For example, in January 2019, Senator Marco Rubio (R-FL) proposed the Federal Freedom to Compete Act, which would prohibit employers from forcing employers to sign non-compete contracts and would overturn all non-competition bans that had been created before the law was passed. In addition, the Workforce Mobility Act 2019 was introduced in October in the U.S. Senate by Senators Christopher Murphy (D-CONN) and Todd Young (R-IN). The proposed legislation would prohibit all prohibitions on non-competition in the private sector, with limited exceptions to the sale of a business or the dissolution of a partnership. On November 14, 2019, at a hearing called „Noncompete Agreements and American Workers,“ the Senate Committee on Small Business and Entrepreneurship considered the two non-competitive 2019 bills. While many of the senators present appeared to support, to some extent, the restriction of the non-competition clause, it seems highly unlikely that either measure will be enshrined in law before the end of Congress` term in 2019. While the Federal Government`s action in this area certainly deserves oversight, it seems that Congress is content for now to let federal legislators continue to impose their own non-competition bans. Although the law prohibits non-competitive agreements, it expressly reserves the right of employers to impose contracts prohibiting „the registration or use of a client list or other proprietary customer information.“ However, the law does not address other types of restrictive agreements, such as agreements. B non-call for customers and employees. In addition to underestimated relief, employers can also obtain financial damages for a former worker`s violation of a non-compete agreement.

This financial damage would include the amount of money suffered by the former employer as a result of the breach of the non-competition agreement by the former employee. If the non-competition agreement expressly provides for this, the employer may also receive liquidated damages that have agreed to an amount previously agreed by the parties for violation of the non-competition agreement.