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Can a home care agency make caregivers sign a non-compete in Oregon?
Last verified October 17, 2026 · All Oregon resources
Banned below wage threshold. Oregon voids non-competes unless the employee is a salaried exempt employee earning more than $119,541 a year (2026), the employer has a protectable interest such as trade secrets, and notice rules are met. Non-competes are capped at 12 months. Typical hourly agency caregivers cannot be bound by a non-compete. Home care workers hired directly by consumers through the state program can void both non-competes and non-solicitation covenants.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | A non-compete is void unless the employee's annual gross salary and commissions at termination exceed $119,541 (2026 BOLI figure), and the employee is a salaried executive, administrative or professional employee under ORS 653.020(3). Hourly caregivers cannot meet these conditions, unless the employer instead agrees in writing to pay at least 50% of salary (or of the base threshold) during the restricted period. |
| Healthcare-specific rule | Non-competes restricting the practice of medicine or nursing are void between medical licensees and hospitals, management services organizations and certain other entities, unless the licensee holds an ownership stake of at least 1.5%. Non-competes and non-solicitation covenants with home care workers and personal support workers hired by consumers through the state program (ORS 410.600) are voidable by the worker and unenforceable in Oregon courts (ORS 410.631, 410.632). |
| Client non-solicitation | Covenants not to solicit customers or employees are outside the non-compete statute and are judged under general reasonableness rules, except that they are voidable by consumer-employed home care and personal support workers. |
| Notice requirements | The employer must state in a written job offer, received at least two weeks before the first day of work, that a non-compete is required (or enter it upon a bona fide promotion), and must give a signed copy to the employee within 30 days after termination. |
| Statute | ORS 653.295; ORS 410.631, 410.632 |
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?
A law firm survey reports a 2025 change for home healthcare workers effective 2025-06-09 that was not confirmed in the statute text reviewed.
General information, not legal advice.
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