I work as a restaurant manager in Pennsylvania. My employer that I have been working for over the last 5 weeks (just moved from Maryland) suddenly wants all of his managers (including some that have worked for them for over 5 years) to sign non-compete and disclosure agreements. I have been trying to research this and here is a good summary of what I have found. I want to verify that this is in fact true. I have highlighted in italics and via underlining what I consider to be an important qualifier in the word "and" in each of these paragraphs.
quote:
First, in Pennsylvania, a non-compete is generally not valid if signed after employment and without additional compensation.
Second, in Pennsylvania, a non-compete must protect a legitimate business interest of the employer; if you are working in a job that does not compete with the employer, and which would not require you to divulge confidential information you gained while with the employer, there is likely no protectible business interest to underly the non-compete.
end quote:
Also, we are paid salary and "Required" to work 50 hours a week. I make enough to be exempt under the new DOL laws to be considered exempt, which I don't have a problem with. What I am curious about, is that up until December 31st, we receive comp time for any hours worked over 50 and must "pay back" comp time if we work under 48. The new rules going into effect January 1st in this company will eliminate the comp time, but will take a pro-rated portion of our pay away for any amount under 48 hours worked. I was just wondering two things with this.
1, Can they take away the comp-time
2, Can they take away pay for working under 48 hours a week?
2a, How about if you work more than 40 but less than 48 hours?
quote:
First, in Pennsylvania, a non-compete is generally not valid if signed after employment and without additional compensation.
Second, in Pennsylvania, a non-compete must protect a legitimate business interest of the employer; if you are working in a job that does not compete with the employer, and which would not require you to divulge confidential information you gained while with the employer, there is likely no protectible business interest to underly the non-compete.
end quote:
Also, we are paid salary and "Required" to work 50 hours a week. I make enough to be exempt under the new DOL laws to be considered exempt, which I don't have a problem with. What I am curious about, is that up until December 31st, we receive comp time for any hours worked over 50 and must "pay back" comp time if we work under 48. The new rules going into effect January 1st in this company will eliminate the comp time, but will take a pro-rated portion of our pay away for any amount under 48 hours worked. I was just wondering two things with this.
1, Can they take away the comp-time
2, Can they take away pay for working under 48 hours a week?
2a, How about if you work more than 40 but less than 48 hours?