Are Non-Competes Enforceable in New Hampshire?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Pay threshold / worker limits
Void at or below $14.50/hr; copy required before offer accepted
New Hampshire voids non-competes for low-wage employees earning an hourly rate at or below 200% of the federal minimum wage ($14.50 an hour). A new hire must receive a copy of the non-compete before accepting the job offer or it is unenforceable. Post-employment practice restrictions are void for physicians, nurses (APRNs, RNs and LPNs) and, since July 7, 2026, physician associates. Other covenants are judged for reasonableness, and courts may narrow an overbroad covenant only if the employer acted in good faith.
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).
Allowed only with strict limits
New Hampshire allows this non-compete only if it meets the statute's conditions — check each item below.
- New Hampshire: Void at or below $14.50/hr; copy required before offer accepted. RSA 275:70 (copy before acceptance)
- Enter annual earnings — New Hampshire voids non-competes below $30,160. Hourly rate less than or equal to 200% of the federal minimum wage ($7.25) = $14.50/hr; about $30,160 a year at 2,080 hours (the statute is an hourly test) RSA 275:70-a
Other New Hampshire rules to check
- Notice and timing: An employer requiring a new employee to sign a non-compete must give a copy before the employee accepts the offer; otherwise the non-compete is unenforceable (the rest of the agreement survives).
- 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.
New Hampshire non-compete rules
- Statute
- RSA 275:70 (copy before acceptance)RSA 275:70-a (low-wage employees)RSA 329:31-a (physicians)
- Employee pay threshold
- $30,160 Hourly rate less than or equal to 200% of the federal minimum wage ($7.25) = $14.50/hr; about $30,160 a year at 2,080 hours (the statute is an hourly test)
- Notice and timing
- An employer requiring a new employee to sign a non-compete must give a copy before the employee accepts the offer; otherwise the non-compete is unenforceable (the rest of the agreement survives).
- Overbroad covenants
- Courts may narrow an overbroad covenant to what's reasonable
Profession-specific rules
- VoidAny restriction on a physician's right to practice in any area for any period after the relationship ends is void. RSA 329:31-a
- VoidThe same rule applies to licensed nurses (APRNs, RNs, LPNs) under RSA 326-B:45-a and 45-b, and, for contracts entered or renewed from July 7, 2026, to physician associates (RSA 328-D:20). (effective July 7, 2026) SB 402 (2026, ch. 55)
Recent and pending changes
- July 7, 2026: SB 402 (2026 ch. 55, signed May 8, 2026) voids post-employment practice restrictions for physician associates. SB 402 chaptered text
- August 23, 2025: RSA 326-B:45-b (2025 ch. 119) voids practice restrictions for APRNs. RSA 326-B
Pending: HB 1188 (2026, low-wage non-competes) was reported Inexpedient to Legislate and died when the session ended.
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 New Hampshire?
Void at or below $14.50/hr; copy required before offer accepted. New Hampshire voids non-competes for low-wage employees earning an hourly rate at or below 200% of the federal minimum wage ($14.50 an hour). A new hire must receive a copy of the non-compete before accepting the job offer or it is unenforceable. Post-employment practice restrictions are void for physicians, nurses (APRNs, RNs and LPNs) and, since July 7, 2026, physician associates. Other covenants are judged for reasonableness, and courts may narrow an overbroad covenant only if the employer acted in good faith.
Is there a salary threshold for non-competes in New Hampshire?
Yes — $30,160. Hourly rate less than or equal to 200% of the federal minimum wage ($7.25) = $14.50/hr; about $30,160 a year at 2,080 hours (the statute is an hourly test)
Did the FTC ban non-competes in New Hampshire?
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 (Pay threshold / worker limits): Colorado, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Nevada, Oregon
Protect information instead with a confidentiality agreement (NDA generator), or hiring in New Hampshire? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in New Hampshire.