Virgin Islands Post-Employment Restrictions on Competition

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Multi-State
Control #:
US-TS8041
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Description

This form is a Post-Employment Restrictions on Competition for use with exiting employees exposed to commercial trade secrets or other confidential information as part of their job. This form includes a Noncompetition Covenant as well as other relevant clauses, such as a Savings Clause, a Consulting Option, and an Assignment Clause, that can be integrated into any agreement with the former employee.

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FAQ

The federal WARN Act is similar to the Virgin Islands statute in that it requires employers to provide advance written notice to those employees who will be subject to a ?mass layoff? sixty days before the layoff occurs. 29 U.S.C. § 2102(a).

In the Virgin Islands the Wrongful Discharge Act specifies lawful reasons for dismissal of an employee who is not covered by a Union Contract. The difference between the two contract forms is that an express contract is an actual agreement with explicit terms often placed in writing.

The FLSA does not require premium pay for daily overtime or premium pay when an employee works on a Saturday, Sunday or a holiday. Currently, Alaska, California, Nevada, Puerto Rico and the Virgin Islands all have daily overtime laws for working over eight hours in a day.

Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.

FAQs about overtime rules Which states have daily overtime pay laws? Alaska, California, Colorado, and Nevada have daily overtime pay laws. Daily overtime starts at 8 hours except for Colorado, which starts at 12 hours.

compete clause is a contractual term between an employer and a worker that blocks the worker from working for a competing employer, or starting a competing business, typically within a certain geographic area and period of time after the worker's employment ends.

The minimum wage will increase to $8.35 per hour beginning 90 days following the effective date of the Act (or June 21, 2016). The Virgin Islands minimum wage will increase to $9.50 per hour on June 1, 2017, and $10.50 an hour on June 1, 2018.

Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.

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Virgin Islands Post-Employment Restrictions on Competition