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

Last verified October 17, 2026 · All New Hampshire resources

Banned below wage threshold. New Hampshire bans non-competes only for employees paid $14.50 an hour or less (twice the federal minimum wage). Many caregivers earn more than that, so the ban often will not apply; for them, courts use a reasonableness test. Any non-compete for a new hire must be shared before the offer is accepted.

Status Banned below wage threshold
Wage threshold Non-competes are void for employees earning an hourly rate at or below 200% of the federal minimum wage, which is $14.50 an hour while the federal minimum is $7.25.
Healthcare-specific rule New Hampshire separately voids practice restrictions for physicians, nurses, podiatrists, advanced practice nurses and (from 2026-07-07) physician associates.
Notice requirements A new hire must receive a copy of any required non-compete before accepting the job offer; otherwise the non-compete cannot be enforced.
Statute RSA 275:70, 275:70-a
Latest change 2026-07-07

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 health care profession bans come from a law firm survey; the physician associate ban took effect 2026-07-07.

General information, not legal advice.

Sources

More for New Hampshire

Non-compete rules by state: other states

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