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Can a home care agency make caregivers sign a non-compete in District of Columbia?
Last verified October 17, 2026 · All District of Columbia resources
Banned below wage threshold. The District bans non-competes, including many anti-moonlighting policies, for employees earning less than $162,164 a year in 2026, which covers typical caregivers. Above that level a non-compete must be in writing, limited in scope and generally no longer than 365 days. Confidentiality agreements remain allowed.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | Non-competes are banned for employees earning less than $162,164 in 2026 ($270,274 for medical specialists). The figures are adjusted each January 1 for inflation. |
| Healthcare-specific rule | Medical specialists can be bound only if they earn at least $270,274 (2026), and their non-competes may run up to 730 days instead of 365. |
| Notice requirements | For highly compensated employees, the non-compete must be given in writing at least 14 days before employment starts, or for current employees at least 14 days before it must be signed. Required notices must also be given. |
| Statute | D.C. Code §§ 32-581.01 to 32-581.05 |
| Latest change | 2022-10-01 |
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?
D.C.'s definition of a non-compete does not expressly address customer non-solicitation clauses; confirm before using one with a caregiver.
General information, not legal advice.
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