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Can a home care agency make caregivers sign a non-compete in Washington?
Last verified October 17, 2026 · All Washington resources
Banned below wage threshold. Washington voids non-competes for employees earning $126,858.83 or less in 2026, which covers typical hourly caregivers. Employers also cannot bar workers earning under twice the state minimum wage from holding a second job, with limited safety and scheduling exceptions. A 2026 law (2026 c 149) bans all non-competes, including existing ones, starting June 30, 2027.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | Non-competes are void unless the employee's annualized W-2 earnings exceed $126,858.83 (2026 figure set by L&I; $317,147.09 for independent contractors). A full ban on all non-competes takes effect June 30, 2027. |
| Client non-solicitation | A non-solicitation agreement that bars soliciting current customers or employees is not treated as a non-compete. Under current law, an agreement that prohibits accepting or transacting business with a customer counts as a non-compete. From June 30, 2027, a non-solicitation agreement is limited to customers, patients or clients the employee directly developed, and must expire within 18 months of separation. |
| Notice requirements | The employer must disclose the non-compete terms in writing no later than the employee's initial oral or written acceptance of the job offer. A non-compete signed after employment starts needs independent consideration. |
| Statute | RCW 49.62 |
| Latest change | 2027-06-30 |
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.
General information, not legal advice.
Sources
More for Washington
Non-compete rules by state: other states
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