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Can a home care agency make caregivers sign a non-compete in Rhode Island?
Last verified October 17, 2026 · All Rhode Island resources
Banned below wage threshold. Rhode Island bars enforcement of non-competes against FLSA non-exempt employees and employees earning up to $39,900 a year (2026), so hourly caregivers cannot be held to one. Customer non-solicitation and no-hire covenants fall outside the law. Confidentiality and trade secret agreements remain allowed.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | Non-competes cannot be enforced against FLSA non-exempt employees or low-wage employees, defined as earning no more than 250% of the federal poverty level for an individual in the first 40 hours of work each week. Using the 2026 HHS guideline of $15,960, that is $39,900 a year. |
| Healthcare-specific rule | Rhode Island separately restricts non-competes for physicians and (since 2024) advanced practice registered nurses. |
| Client non-solicitation | Covenants not to solicit or transact business with customers or clients, and covenants not to solicit or hire employees, are not treated as non-competes under this law and are judged under general reasonableness rules. |
| Statute | R.I. Gen. Laws §§ 28-59-1 to 28-59-3 |
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 physician and APRN rules come from a law firm survey.
General information, not legal advice.
More for Rhode Island
Non-compete rules by state: other states
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