"[E]mployers should take the following steps: [1] Determine which existing non-competes are with Senior Executives.... [2] With regard to Senior Executives that are not currently subject to non-competes, consider strategies for entering into non-competes with these individuals, if otherwise permissible under state or local law, before the Final Rule becomes effective. [3] Tax Exempt Entities should evaluate whether they fall within the FTC's jurisdiction, in which case the non-compete ban requirements will apply to them."

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