Nine Strategies for Protecting Your Business against Unfair Competition after FTC’s Ban on Non-Competition Covenants
…udes “salary, commissions, nondiscretionary bonuses and other nondiscretionary compensation” and excludes benefits. After the rule comes into force (120 days after publication in the Federal Register), an employer cannot impose a new non-compete covenant on any new incoming senior manager. This benefits new hires over incumbents. A second exception validates non-competes for employees, as selling owners, who engage in “a bona fide sale of a busine…