Workers’ Right to Compete Act

In this Act:

(1) Confidential business information

(A) In general. The term confidential business information means nonpublic commercial, financial, operational, or proprietary information that—

(i) is not generally known or readily ascertainable by the public;

(ii) the employer has a legitimate business interest in maintaining as confidential; and

(iii) is subject to reasonable measures by the employer to maintain its confidentiality.

(B) Exclusions. The term confidential business information does not include—

(i) general knowledge, skills, training, or experience acquired by an individual during employment; or

(ii) information that is publicly available or otherwise lawfully obtained without an obligation of confidentiality.

(2) Noncompete agreement. The term noncompete agreement means an agreement between a person and an individual performing work for the person, that restricts such individual, after the working relationship between the person and individual terminates, from performing—

(A) any work for another person for a specified period of time;

(B) any work in a specified geographical area; or

(C) any work for another person that is similar to such individual’s work for the person that is a party to such agreement.

(3) Trade secret. The term trade secret has the meaning given the term in section 1839 of title 18, United States Code.