With no explanation, chose the best option from "A", "B", "C" or "D". of the program or gym. (Pls.’ Ex. 329.) New York law subjects contractual non-compete provisions to “an overriding limitation of reasonableness.” Ticor Title Ins. Co. v. Cohen, 173 F.3d 63, 70 (2d Cir.1999) (quoting Karpinski v. Ingrasci, 28 N.Y.2d 45, 49, 320 N.Y.S.2d 1, 268 N.E.2d 751 (1971)). Specifically, an agreement not to compete will be enforced only if “it is reasonable in time and area, necessary to protect the employer’s legitimate interests, not harmful to the general public, and not unreasonably burdensome to the employee.” Ree v. 3694(WHP), 2000 WL 303274, at *7 (S.D.N.Y. Mar. 20, 2000) (refusing to fully, or partially, enforce a non-compete with no geographic limitations); see also Good Energy, L.P. v. Kosachuk, 49 A.D.3d 331, 332, 853 N.Y.S.2d 75 (1st Dep’t 2008) (<HOLDING>); Garfinkle v. Pfizer, Inc., 162 A.D.2d 197,

A: holding the act inapplicable to the united states in its role as employer
B: holding unenforceable a noncompete covenant that covered the entire united states where employer only operated in eight states
C: holding that the united states was a statutory employer under kansas law
D: holding that the united states was a statutory employer under missouri law
B.