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Can a home care agency make caregivers sign a non-compete in California?

Last verified October 17, 2026 · All California resources

Banned. California voids non-competes for employees, with narrow exceptions such as the sale of a business. It is unlawful to include one in an employment contract or to try to enforce one, even if it was signed outside California. This applies to caregivers at any pay level.

Status Banned
Client non-solicitation Section 16600 must be read broadly under Edwards v. Arthur Andersen LLP to void any non-compete in employment, however narrowly tailored; California courts apply this to customer non-solicitation clauses as well.
Notice requirements Employers had to notify current and former employees (employed after January 1, 2022) by February 14, 2024 that any unlawful non-compete clause is void.
Statute Cal. Bus. & Prof. Code §§ 16600, 16600.1, 16600.5
Latest change 2024-01-01

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?

Whether a client no-hire clause in a service agreement is enforceable in California is not settled by statute; confirm with counsel.

General information, not legal advice.

Sources

More for California

Non-compete rules by state: other states

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