Are Non-Competes Enforceable in Nebraska?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable if reasonable
No statute; overbroad covenants fail entirely
Nebraska has no general non-compete statute. Courts enforce an employee covenant only if reasonable, which in practice means it may bar the former employee only from working with or soliciting the employer's customers with whom the employee actually did business and had personal contact. Courts will not reform or blue-pencil an overbroad covenant, so it fails entirely.
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
Nebraska enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- Nebraska: No statute; overbroad covenants fail entirely.
Other Nebraska rules to check
- Non-solicitation clauses: Enforceable only as to customers with whom the employee actually did business and had personal contact.
- If a court finds it too broad: An overbroad covenant is void in full — courts won't fix it.
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.
Nebraska non-compete rules
- Statute
- No general non-compete statute — court decisions govern.
- Non-solicitation
- Enforceable only as to customers with whom the employee actually did business and had personal contact.
- Overbroad covenants
- An overbroad covenant is void in full — courts won't fix it
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 Nebraska?
No statute; overbroad covenants fail entirely. Nebraska has no general non-compete statute. Courts enforce an employee covenant only if reasonable, which in practice means it may bar the former employee only from working with or soliciting the employer's customers with whom the employee actually did business and had personal contact. Courts will not reform or blue-pencil an overbroad covenant, so it fails entirely.
Did the FTC ban non-competes in Nebraska?
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 if reasonable): Alaska, Arizona, Connecticut, Delaware, Indiana, Iowa, Kansas, Kentucky
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Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in Nebraska.