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Can a home care agency make caregivers sign a non-compete in Pennsylvania?
Last verified October 17, 2026 · All Pennsylvania resources
Generally enforceable if reasonable. Pennsylvania has no general non-compete statute. Courts enforce covenants that are reasonably necessary to protect legitimate interests, such as customer goodwill or confidential information, and reasonable in time and area; new consideration is needed if signed after hiring. The 2025 health care law covers advanced practitioners and physicians, not aides or other caregivers.
| Status | Generally enforceable if reasonable |
|---|---|
| Healthcare-specific rule | Since 2025-01-01, the Fair Contracting for Health Care Practitioners Act (Act 74 of 2024) makes non-competes unenforceable against physicians, osteopathic physicians, certified registered nurse practitioners, certified registered nurse anesthetists and physician assistants if longer than one year, or if the practitioner was dismissed. |
| Statute | None for general employers; Act 74 of 2024 (health care practitioners) |
| Latest change | 2025-01-01 |
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?
The general standard and the details of Act 74 come from a law firm survey; the official act page confirms the act and its 2025-01-01 effective date.
General information, not legal advice.
Sources
More for Pennsylvania
Non-compete rules by state: other states
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