New Hampshire non-compete law

Pay figure in the law

New Hampshire defines a low-wage employee as one earning an hourly rate at or below 200 percent of the federal minimum wage.

Separate rules for professions

physicians, nurses, physician assistants

Statutes and official texts quoted

N.H. Rev. Stat. Ann. § 275:70; N.H. Rev. Stat. Ann. § 275:70-a(I)(b); N.H. Rev. Stat. Ann. § 275:70-a(II); N.H. Rev. Stat. Ann. § 275:70-a (source note); N.H. Rev. Stat. Ann. § 329:31-a; N.H. Rev. Stat. Ann. § 326-B:45-a; N.H. Rev. Stat. Ann. § 328-D:20; N.H. Rev. Stat. Ann. § 328-D:20 (source note)

Is a non-compete allowed?

Employers may not require low-wage employees to sign noncompete agreements, and such agreements with low-wage employees are void and unenforceable.

“No employer shall require a low-wage employee to enter into a noncompete agreement. (b) A noncompete agreement entered into between an employer and a low-wage employee shall be void and unenforceable.”
N.H. Rev. Stat. Ann. § 275:70-a(II)

Pay thresholds

New Hampshire defines a low-wage employee as one earning an hourly rate at or below 200 percent of the federal minimum wage.

“"Low-wage employee" means an employee who earns an hourly rate less than or equal to 200 percent of the federal minimum wage.”
N.H. Rev. Stat. Ann. § 275:70-a(I)(b)

Notice and signing

An employer that requires a new employee to sign a noncompete as a condition of employment must give the potential employee a copy before the employee accepts the job offer; a noncompete not disclosed this way is not enforceable against the employee.

“Any employer who requires an employee who has not previously been employed by the employer to execute a noncompete agreement as a condition of employment shall provide a copy of such agreement to the potential employee prior to the employee's acceptance of an offer of employment. A noncompete agreement that has not been disclosed to an employee as required by this section shall not be enforceable against the employee”
N.H. Rev. Stat. Ann. § 275:70

Health care and other professions

A contract restricting a licensed physician from practicing medicine in any geographic area for any period after the relationship ends is void and unenforceable as to that restriction; the rest of the contract stays in effect.

“which includes any restriction to the right of such physician to also practice medicine in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction”
N.H. Rev. Stat. Ann. § 329:31-a

A contract restricting a licensed nurse from practicing in any geographic area for any period after the relationship ends is void and unenforceable as to that restriction; the rest of the contract stays in effect.

“which includes any restriction to the right of such nurse to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction”
N.H. Rev. Stat. Ann. § 326-B:45-a

A contract restricting a licensed physician associate from practicing in any geographic area for any period after the relationship ends is void and unenforceable as to that restriction.

“including any restriction on the right of a physician associate to practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship, shall be void and unenforceable with respect to said restriction”
N.H. Rev. Stat. Ann. § 328-D:20

The physician associate covenant section took effect July 7, 2026.

“Source. 2026, 55:1, eff. July 7, 2026.”
N.H. Rev. Stat. Ann. § 328-D:20 (source note)

When the rules took effect

The low-wage employee noncompete ban was enacted in 2019, effective September 8, 2019.

“Source. 2019, 201:1, eff. Sept. 8, 2019.”
N.H. Rev. Stat. Ann. § 275:70-a (source note)

Federal rules

On September 5, 2025, the FTC moved to dismiss its appeals in Ryan, LLC v. FTC and Properties of the Villages v. FTC and to accede to vacatur of the Non-Compete Clause Rule. FTC press release, Sept. 5, 2025

The FTC's final rule removes the Non-Compete Rule (16 CFR part 910) from the Code of Federal Regulations. 91 Fed. Reg. (Feb. 12, 2026), FR Doc. 2026-02866

Before you sign, or before you assume you are bound

1. Find every restrictive clause: non-compete, non-solicitation, no-hire and confidentiality are separate promises with separate rules.
2. Note how long each lasts and what area or customers it covers.
3. Check which state’s law the agreement picks and where disputes must be heard.
4. Compare your pay and your job with the New Hampshire rules above.

Check your state with the non-compete checker.

Common questions

Are non-competes enforceable in New Hampshire?

Employers may not require low-wage employees to sign noncompete agreements, and such agreements with low-wage employees are void and unenforceable. (N.H. Rev. Stat. Ann. § 275:70-a(II)).

Is there a salary threshold for non-competes in New Hampshire?

New Hampshire defines a low-wage employee as one earning an hourly rate at or below 200 percent of the federal minimum wage. (N.H. Rev. Stat. Ann. § 275:70-a(I)(b)).

Does New Hampshire have special non-compete rules for health care workers or other professions?

A contract restricting a licensed physician from practicing medicine in any geographic area for any period after the relationship ends is void and unenforceable as to that restriction; the rest of the contract stays in effect. (N.H. Rev. Stat. Ann. § 329:31-a).