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Can a home care agency make caregivers sign a non-compete in Arkansas?
Last verified October 17, 2026 · All Arkansas resources
Generally enforceable if reasonable. Arkansas enforces a non-compete if the employer has a protectable business interest and the restriction is limited in time and scope to what is needed to protect it. Protectable interests include customer lists, goodwill with customers, and training of employees. A two-year restriction is presumed reasonable. There is no wage threshold, and the only healthcare carve-out is for physicians.
| Status | Generally enforceable if reasonable |
|---|---|
| Healthcare-specific rule | Non-competes that restrict a physician (including osteopaths) from practicing are void under Act 232 of 2025, which added subsection (k) to Ark. Code § 4-75-101. |
| Statute | Ark. Code § 4-75-101 |
| Latest change | 2025-03-04 |
What about a client hiring your caregiver directly?
That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.
What should you confirm?
The 2025 date is when Act 232 was approved; its operative effective date was not stated in the act. Confirm with counsel.
General information, not legal advice.
Sources
More for Arkansas
Non-compete rules by state: other states
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