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Can a home care agency make caregivers sign a non-compete in Nebraska?
Last verified October 17, 2026 · All Nebraska resources
Generally enforceable if reasonable. Nebraska has no general non-compete statute. Courts enforce only covenants that are reasonably necessary to protect legitimate interests and not unduly harsh, and in practice tend to limit them to customers the employee actually served. Courts will not rewrite an overbroad covenant, so it fails entirely. A 2026 law bans non-competes for health care staffing agencies starting in mid-2027, which does not cover home care agencies serving private clients.
| Status | Generally enforceable if reasonable |
|---|---|
| Healthcare-specific rule | From 2027-07-01, under LB 921 (2026), health care staffing agencies that provide temporary workers to third-party health care entities may not use non-compete clauses with workers or facilities, and may not charge hire fees when a facility hires a worker permanently, except fees that phase out to zero within 720 hours of service. |
| Statute | None for general employers; LB 921 (2026), Health Care Staffing Agency Registration Act, sec. 11 |
| Latest change | 2027-07-01 |
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?
The general standard comes from Nebraska case law summarized in a law firm survey. Some secondary sources give July 1, 2026 for LB 921, but the enacted bill makes the staffing sections operative July 1, 2027.
General information, not legal advice.
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