MFA provided feedback to the Treasury on policy details to support the implementation of reforms; the comments primarily center on three themes within the draft legislation:
- Salary threshold: Clarify that earnings include bonuses, deferred compensation, and other incentive-based remuneration when assessing the high-income threshold.
- Employee non-solicits: Permit narrowly tailored co-worker non-solicitation clauses for high-income employees, or at minimum limit any prohibition to low-wage workers, given the lack of empirical evidence that such clauses cause harm.
- Grandfathering: Preserve existing restraint provisions unless the parties expressly amend the restraint itself, rather than reopening them through unrelated employment changes.
