- any work for another employer for a specified period of time;
- any work in a specified geographical area; or
- work for another employer that is similar to such low-wage employee’s work for the employer included as a party to the agreement.
“Low-wage employee” is defined as “an employee who earns the greater of (1) the hourly rate equal to the minimum wage required by the applicable federal, state, or local minimum wage law or (2) $13.00 per hour.
Only agreements entered into after January 1, 2017 fall under the Act.
Furthermore, the Act is silent as to whether it applies to employee or customer non-solicitation restrictive covenants. It seems unlikely that the Act will be interpreted to apply to other such provisions in similar agreements, but only time will tell.