PA non-compete and salary questions

I work as a restaurant manager in Pennsylvania. My employer that I have been working for over the last 5 weeks (just moved from Maryland) suddenly wants all of his managers (including some that have worked for them for over 5 years) to sign non-compete and disclosure agreements. I have been trying to research this and here is a good summary of what I have found. I want to verify that this is in fact true. I have highlighted in italics and via underlining what I consider to be an important qualifier in the word "and" in each of these paragraphs.

quote:
First, in Pennsylvania, a non-compete is generally not valid if signed after employment and without additional compensation.

Second, in Pennsylvania, a non-compete must protect a legitimate business interest of the employer; if you are working in a job that does not compete with the employer, and which would not require you to divulge confidential information you gained while with the employer, there is likely no protectible business interest to underly the non-compete.
end quote:

Also, we are paid salary and "Required" to work 50 hours a week. I make enough to be exempt under the new DOL laws to be considered exempt, which I don't have a problem with. What I am curious about, is that up until December 31st, we receive comp time for any hours worked over 50 and must "pay back" comp time if we work under 48. The new rules going into effect January 1st in this company will eliminate the comp time, but will take a pro-rated portion of our pay away for any amount under 48 hours worked. I was just wondering two things with this.

1, Can they take away the comp-time

2, Can they take away pay for working under 48 hours a week?
2a, How about if you work more than 40 but less than 48 hours?

I'll let someone else address the non-compete.

Re: comp time, if you are correctly classified as exempt, comp time is a "gift" from the employer and it is not required nor even common for exempt employees. The employer is within its rights to change its comp time policy at any time.

I understand the comp time thing as being a gift, and don't have a problem with that being taken away. Where my question comes in as an exempt employee, can they start deducting pay if you work less than 48 hours? I always thought they could only deduct pay if you went below 40 hours in a week.

If you are an exempt employee, you can have your pay docked under the following conditions:

1.) If it is the first or last week of employment, and you did not work the entire week
2.) If you are on FMLA
3.) If your company has a bona fide sick time policy, with a "reasonable" (not defined in the statute but generally presumed to mean at least 5) number of days; you have either used up all your available time or are not yet eligible for it, and call in sick
4.) If you take a day off for strictly personal reasons
5.) If you have been suspended for a major safety violation
6.) If you have been suspended for the violation of a written workplace conduct policy which applies to all employees (sexual harassment, workplace violence, drug/alcohol use etc.)

In all instances except #2, pay can ONLY be docked in whole day increments. If you are on FMLA, they can dock the exact amount of time you missed.

OK, thanks for answering that part.

Now, does anyone have the answer to the non-compete and confidentiality agreement part? That is the one that concerns me more and I need to sign it on Monday!

You have stated opinion, NOT law on the non-compete. The only way to judge the agreement is to either read it in its entirity or to quit and test it. However, if you don't sign, then the company is free to fire you on the spot.

That is exactly what I needed to know, thanks.