Can a home care agency make caregivers sign a non-compete in North Dakota?

Banned. North Dakota voids any contract that restrains a person from a lawful profession, trade or business, except in connection with the sale of a business or the dissolution or exit of business owners. Employee non-competes are therefore void, including for caregivers at any pay level.

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?

North Dakota courts have read the statute broadly; confirm with counsel before relying on a customer non-solicitation clause.

General information, not legal advice.