Employers were generally reluctant to enforce non-compete and other restrictive covenants against employees in the midst of the coronavirus pandemic when the unemployment rate was in double digits. Recently, however, there has been a resurgence in employers ensuring their non-compete and non-solicit provisions are enforced. At the same time, a patchwork of legal requirements is emerging from legislation and court holdings in various jurisdictions. For PE sponsors and their portfolio companies to comply with the relevant laws, they need to be aware that one size will not fit all employees across the U.S. The laws do, however, consistently attempt to balance, on one hand, employer concerns with protecting trade secrets, safeguarding confidential information and preventing unfair competition and, on the other hand, employees’ rights to earn a livelihood. Those issues were addressed in a recent Proskauer webinar featuring attorneys Guy Brenner and Daryl G. Leon. This second article in a two-part series identifies federal trends relating to restrictive covenants; how multiple states are handling choice of law provisions; and the treatment of restrictive covenants for low wage and other employees. The first article tracked the advancement of legislation targeting non-compete agreements in Illinois and Washington, D.C. See “The Ties That Bind: Non‑Competes and Principal‑Departure Parameters to Address in Management Company and GP Agreements (Part Two of Two)” (Oct. 27, 2020).