To prohibit noncompete agreements for workers whose annual income falls below specified thresholds, and for other purposes.

least 12 months, commissions, bonuses, and other variable cash compensation shall be calculated based on amount earned during the preceding 12 months; and (B) in the case of an individual who has been employed or engaged under contract for fewer than 12 months, commissions, bonuses, and other variable cash compensation shall be included only to the extent such compensation is guaranteed. (b) Cash Compensation Defined.--In this section, the term ``cash compensation'' means compensation in the form of a salary, wage, overtime pay, commission, and cash bonus, or fee for services performed under contract paid or payable to an individual in exchange for services performed but does not include equity or equity-based compensation or any other compensation based on the value or appreciation of stock, regardless of whether such compensation is paid or settled in cash. SEC. 4. NOTICE. (a) Notice.--Any person who employs or contracts with an individual described in section 3, or who previously employed or contracted with such an individual and entered into a noncompete agreement with such individual, with respect to activities in or affecting commerce, shall provide such individual with written notice that any noncompete agreement prohibited under this Act is unenforceable, not later than-- (1) 30 days after the date of enactment of this Act, for an existing or former employment or contractual relationship; or (2) 30 days after the commencement of any new employment or contractual relationship entered into after the date of enactment of this Act. SEC. 5. ENFORCEMENT. (a) Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce section 3 and 4 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 Act. (B) Privileges and immunities.--Any person who violates section 3 or 4 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.). (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates any provision of section 3 or 4, the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to-- (A) enjoin any further such violation by the person; (B) compel compliance with section 3 or 4; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain damages, restitution, or other compensation on behalf of the residents of the State; or (E) obtain any other appropriate equitable relief. (2) Preservation of state powers.--Nothing in this subsection shall be construed as altering, limiting, or affecting the authority of the attorney general of a State to-- (A) bring an action or other regulatory proceeding arising solely under the laws in effect in that State; or (B) exercise the powers conferred on the attorney general by the laws of the State, including the ability to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary or other evidence. SEC. 6. NO PREEMPTION OF STRONGER STATE LAWS. Nothing in this Act shall be construed to preempt or supersede any State law that provides greater protection against noncompete agreements than those provided under this Act. SEC. 7. CONFIDENTIALITY AGREEMENTS. Nothing in this Act shall prohibit a person from entering into an agreement with an individual who is employed by, or performs work under contract with, such person with respect to the activities of such person in or affecting commerce to not disclose any information (including after the individual is no longer employed or performing work for the person) regarding the person, or the work performed by the individual for the person, that is a trade secret or confidential business information. <all>