Non-compete agreements have become increasingly common in the workplace, often used to protect a company`s intellectual property, trade secrets, and client relationships. These agreements are typically signed by employees as a condition of their employment or as part of a severance package. They restrict the employee`s ability to work for a competitor or start a similar business for a designated period after leaving their current job.
While non-compete agreements usually cover a wide range of provisions, there are certain items that are generally not associated with them. Here are some examples:
1. Wage and Hour Provisions: Non-compete agreements usually do not cover wage and hour provisions, such as minimum wage, overtime, or meal and rest breaks. These provisions are regulated by state and federal labor laws and cannot be waived by an agreement between the employer and employee.
2. Confidentiality: Non-compete agreements often contain provisions that require employees to maintain the confidentiality of the company`s trade secrets and proprietary information. However, confidentiality provisions are often included in separate agreements, such as non-disclosure agreements or confidentiality agreements.
3. Non-solicitation of Customers: While non-compete agreements often prohibit employees from soliciting their former employer`s customers, this provision is typically found in a separate agreement called a non-solicitation agreement.
4. Non-solicitation of Employees: Similarly, non-compete agreements may also prohibit employees from poaching their former co-workers. However, this provision is usually contained in a separate agreement called a non-solicitation of employees agreement.
5. Intellectual Property Assignment: Non-compete agreements may require employees to assign any intellectual property they create during their employment to the employer. However, this provision is usually found in a separate agreement called an intellectual property assignment agreement.
In conclusion, non-compete agreements are complex legal documents that can have significant implications for employees and their career prospects. While they often contain a wide range of provisions, the items listed above are typically not associated with them. It`s important for employees to understand what they are agreeing to when signing a non-compete agreement and seek legal advice if they have any concerns or questions.