Are Non-Competes Enforceable in Idaho?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable — statute sets rules
Key employees only; up to 18 months presumed reasonable
Idaho enforces written non-competes with 'key employees' and 'key independent contractors' if they are reasonable in duration, geography and line of business and no broader than needed to protect legitimate business interests. The top-paid 5% of workers are presumed to be key. A restriction of 18 months or less is presumed reasonable; a longer one needs consideration beyond employment or continued employment. Courts must narrow an unreasonable covenant and enforce it as modified.
Check a non-compete
Answer a few questions; the result cites the statute behind each point. Rules verified 2026-10-07. Saved only in your browser.
Thresholds are measured differently by state (salary, cash compensation, W-2 box 1).
Enforceable if reasonable
Idaho enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- Idaho: Key employees only; up to 18 months presumed reasonable. Idaho Code 44-2701
- Duration: 18 months or less presumed reasonable; longer requires consideration beyond employment or continued employment. Idaho Code 44-2701
Other Idaho rules to check
- Notice and timing: Must be a written agreement.
- If a court finds it too broad: Courts may narrow an overbroad covenant to what's reasonable.
General information, not legal advice. Enforceability also depends on the exact wording, the employer's legitimate interest and the facts; talk to an employment lawyer before relying on it.
Idaho non-compete rules
- Independent contractors
- Covered by the statute.
- Duration
- 18 months or less presumed reasonable; longer requires consideration beyond employment or continued employment
- Notice and timing
- Must be a written agreement.
- Signed mid-employment
- Employment or continued employment supports restrictions of up to 18 months; longer ones need additional consideration.
- Overbroad covenants
- Courts may narrow an overbroad covenant to what's reasonable
Federal law
There is no federal ban on employee non-competes. The FTC's 2024 Non-Compete Clause Rule (16 CFR Part 910), which would have voided most non-competes from September 4, 2024, never took effect: a Texas federal court set it aside nationwide on August 20, 2024 (Ryan LLC v. FTC). On September 5, 2025 the Commission voted 3-1 to drop its appeals and accept that ruling, and on February 12, 2026 it formally removed Part 910 from the Code of Federal Regulations. State law therefore decides whether a non-compete is enforceable.
Frequently asked questions
Are non-competes enforceable in Idaho?
Key employees only; up to 18 months presumed reasonable. Idaho enforces written non-competes with 'key employees' and 'key independent contractors' if they are reasonable in duration, geography and line of business and no broader than needed to protect legitimate business interests. The top-paid 5% of workers are presumed to be key. A restriction of 18 months or less is presumed reasonable; a longer one needs consideration beyond employment or continued employment. Courts must narrow an unreasonable covenant and enforce it as modified.
How long can a non-compete last in Idaho?
18 months or less presumed reasonable; longer requires consideration beyond employment or continued employment
Did the FTC ban non-competes in Idaho?
No. The FTC's 2024 rule never took effect — a federal court set it aside in August 2024, the FTC dropped its appeals in September 2025 and removed the rule from the Code of Federal Regulations in February 2026. State law controls, though the FTC still challenges some non-competes case by case.
Official Sources
Figures checked against these sources on 2026-10-07Other states
Same category (Enforceable — statute sets rules): Alabama, Arkansas, Florida, Georgia, Hawaii, Louisiana, Michigan, North Carolina
Protect information instead with a confidentiality agreement (NDA generator), or hiring in Idaho? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in Idaho.