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Can a home care agency make caregivers sign a non-compete in Nevada?
Last verified October 17, 2026 · All Nevada resources
Banned below wage threshold. Nevada bars non-competes for employees paid solely by the hour, which covers typical hourly caregivers. For other employees a covenant must be supported by valuable consideration, be no broader than needed and not impose undue hardship. Even a valid covenant cannot stop a former employee from serving clients who seek them out on their own. Employers who try to enforce a covenant against an hourly employee can be ordered to pay the employee's attorney's fees.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | Not a dollar figure: a non-compete may not apply to an employee paid solely on an hourly wage basis, not counting tips or gratuities. |
| Client non-solicitation | A non-compete may not stop a former employee from serving a former customer or client who left voluntarily and sought out the employee without being solicited, as long as the employee otherwise complies with the covenant. Any provision that violates this is void. |
| Statute | NRS 613.195 |
| Latest change | 2021-10-01 |
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?
Caregivers paid a salary, or by the visit rather than solely by the hour, are not covered by the hourly-employee ban.
General information, not legal advice.
Sources
More for Nevada
Non-compete rules by state: other states
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