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Can a home care agency make caregivers sign a non-compete in New York?
Last verified October 17, 2026 · All New York resources
Generally enforceable if reasonable. New York has no general non-compete statute. Courts enforce covenants only if they are reasonable in time and area, needed to protect a legitimate interest such as trade secrets, client relationships or unique services, and not unduly harsh on the employee. A 2025-2026 bill (S4641A) to ban most non-competes passed the Senate but has not passed the Assembly.
| Status | Generally enforceable if reasonable |
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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 common-law standard comes from a law firm survey. Watch for new legislation; New York has considered broad bans in recent sessions.
General information, not legal advice.
Sources
More for New York
Non-compete rules by state: other states
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