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Who Is a 'Senior Executive' Under the FTC's Non-Compete Clause Rule?
Bodman PLC 
[Guidance Overview] May 17, 2024 "The FTC defines 'senior executive' based on both an earnings test and a job duties test -- and the job duties test is quite restrictive.... You likely cannot enforce a non-compete against a Sales Manager who makes $250,000 annually, a Department Head with policy-making authority over only his segment of the business, a mid-level manager who owns a small share of stock in the Company, or a highly-compensated Chief People Officer who only has advisory authority but cannot make final policy decisions." |
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