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

Last verified October 17, 2026 · All Hawaii resources

Generally enforceable if reasonable. Hawaii's restraint-of-trade law bans non-compete and non-solicit clauses only for technology business employees. For other employers, including home care agencies, courts enforce covenants that protect a legitimate business interest, are not broader than needed, and do not impose undue hardship. There is no wage threshold.

Status Generally enforceable if reasonable
Client non-solicitation Non-compete and non-solicit clauses are banned only for employees of technology businesses; for other employers, courts apply a reasonableness test.
Statute Haw. Rev. Stat. § 480-4

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 reasonableness standard for non-technology employers comes from case law summarized in a law firm survey.

General information, not legal advice.

Sources

More for Hawaii

Non-compete rules by state: other states

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