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Can a home care agency make caregivers sign a non-compete in Maine?
Last verified October 17, 2026 · All Maine resources
Banned below wage threshold. Maine bars non-competes for employees earning at or below 400% of the federal poverty level, about $63,840 in 2026, which covers typical caregivers. Since 2026 the ban also covers health care practitioners without an ownership stake, which may reach licensed or certified direct care workers. Violations carry a fine of at least $5,000.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | Employers may not require or permit a non-compete with an employee earning wages at or below 400% of the federal poverty level. Using the 2026 HHS poverty guideline of $15,960 for one person, that is $63,840 a year. |
| Healthcare-specific rule | Under PL 2025, c. 718, employers may not use non-competes with health care practitioners (anyone qualified or licensed under state law to provide health care services) who have no ownership interest in the employer. Enforceable practitioner non-competes must recognize the patient's right to choose a provider. |
| Client non-solicitation | The non-compete rules cover agreements barring work in a profession or area after employment ends. The statute names non-solicitation agreements as an alternative protection and does not apply the wage ban to them. |
| Notice requirements | The employer must disclose before the job offer that a non-compete will be required, and give a copy at least 3 business days before it must be signed. Except for health care practitioners, a non-compete cannot take effect until the later of one year of employment or six months after signing. |
| Statute | 26 M.R.S. § 599-A |
| Latest change | 2026-07-29 |
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 certified aides count as 'health care practitioners' under the 2025 amendment is not addressed in the statute text; the wage ban covers most caregivers regardless. The 2026-07-29 effective date of the health care amendment comes from a law firm survey.
General information, not legal advice.
Sources
More for Maine
Non-compete rules by state: other states
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