The study measured the extent of the use of the non-competition clause by interviewing employers rather than interviewing workers, in order to circumvent the possibility that some workers may not know or remember that they have signed non-competition agreements and may not understand the content and importance of these documents. The survey was limited to private sector employers, with public sector employees generally regulating their employment through specific public sector labour laws, and employment practices differed considerably between private and public sector employers. The survey focused on non-unionized workers. In particular, when workers were unionized in the workplace, only questions were asked about non-unionized workers. By determining the proportion of companies in which all workers sign non-competition clauses, we therefore counted only companies that do not have union members, which stated that not all workers were in competition, since we do not have information on whether union members have signed non-compete clauses, and anecdotal evidence suggests that it is very rare for unions to enter into non-competition clauses in the collective agreements they have Negotiated. The survey population was extracted from Dun-Bradstreet`s national marketing database for businesses. It was stratified by the state population to be nationally representative. The survey population was limited to private companies employing 50 or more people. The interviewees were the head of the company`s staff or the person responsible for recruiting and onboarding the staff. The reason for using this person as the person responding to the investigation is that non-competition prohibitions are often signed as part of the embedded documents when a new employee is hired. Therefore, the manager responsible for this process is the person most likely to be eligible through the documents signed by the new employee.
The typical professional credentials of interviewees were chiefs of staff, staff managers, staff managers and staff managers. Other states have passed laws that indicate that non-competition prohibitions are probably reasonable if they last less than two years. In order to ensure that the timing of your non-competition agreement is in accordance with state guidelines, it is important to check the laws in the state in which your company is located and in the state in which the employee is (if he works remotely from another state).