Philadelphia Attorney Authors Article on Non-compete Agreements for Low-Wage Workers

In a bylined article in the ABA Journal, Ivy Waisbord outlined what employers of commission-based and low-wage workers need to know when it comes to the use of non-compete agreements, which she says can be complicated by each state’s definition of “low-wage.”

Ivy recommends employers look at the use of a “springing non-compete provision,” which becomes operative only when the employee’s earnings exceed the statutory threshold. She also mentions how crucial it is to have supplemental safeguards in place, including non-disclosure agreements, stringent digital security, and in-depth and continuous employee training.

“Given the increasing focus on low-wage workers’ ability to freely compete, employers should be prepared for additional legislation pertaining to non-compete agreements for these workers,” Ivy wrote. “Therefore, practitioners should be prepared with effective and compliant contractual restrictions, as well as practical solutions to ensure protection of their clients’ trade secrets and goodwill.”

Read the full article in the ABA Journal.