Department of Veterans Affairs Fairness in Hiring Act of 2017

“7413. Effect of non-Department covenants not to compete

“(a) Non-Applicability—Except as provided in subsection (b), in the case of an individual who is an applicant for appointment to a position in the Veterans Health Administration described in section 7401 of this title, any covenant not to compete into which the individual has entered with a non-Department facility or employer shall have no force or effect with respect to the appointment of the individual to such a position.

“(b) Termination of Department employment—In the case of an individual who is appointed to such a position in the Veterans Health Administration who has entered into a covenant not to compete that is rendered non-applicable pursuant to subsection (a), if the individual’s employment at the Veterans Health Administration is terminated for any reason before the specified period of time in such covenant, then such covenant shall apply with respect to that individual for the period beginning on the date of the termination of the individual’s employment at the Veterans Health Administration and ending on the last day of such specified period of time.

“(c) Covenant not To compete—In this section, the term covenant not to compete means an agreement—

“(1) between an employee and employer that restricts such employee from performing—

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

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

“(C) work for another employer that is similar to such employee's work for the employer included as a party to the agreement; and

“(2) that is entered into after the date of enactment of the Department of Veterans Affairs Fairness in Hiring Act of 2017.”