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Can a home care agency make caregivers sign a non-compete in Massachusetts?
Last verified October 17, 2026 · All Massachusetts resources
Banned below wage threshold. Massachusetts bars enforcement of non-competes against FLSA non-exempt employees, so hourly caregivers cannot be held to one. Other limits include a 12-month maximum and a garden leave or other agreed payment. Customer non-solicitation and no-hire covenants fall outside the statute and may be enforced if reasonable.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | Not a dollar figure: non-competes cannot be enforced against employees classified as non-exempt under the federal Fair Labor Standards Act, which includes hourly caregivers paid overtime. |
| Healthcare-specific rule | Restrictions on the right of a registered nurse or licensed practical nurse to practice after the relationship ends are void (M.G.L. c. 112, § 74D). Physicians, social workers and psychologists have similar protections under chapter 112. |
| Client non-solicitation | The non-compete law does not cover covenants not to solicit or transact business with customers or clients, or not to solicit or hire employees; those are judged under common-law reasonableness. |
| Notice requirements | A non-compete must be in writing, signed by both parties, state the right to consult counsel, and be provided by the earlier of the formal offer or 10 business days before work starts. Mid-employment agreements need independent consideration and 10 business days' notice. |
| Statute | M.G.L. c. 149, § 24L; c. 112, § 74D |
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.
General information, not legal advice.
Sources
More for Massachusetts
Non-compete rules by state: other states
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