Non-compete agreements are enforceable in New Hampshire, but only when they are reasonable, and the state imposes two important guardrails that many workers do not know about. First, under RSA 275:70, an employer must give you a copy of any non-compete agreement before or at the same time it makes you a formal job offer or offers a change in job classification. If the employer fails to provide it that early and instead springs it on you after you have accepted, the non-compete is void and unenforceable. Second, under RSA 275:70-a, New Hampshire flatly prohibits non-compete agreements for low-wage employees — defined as workers earning an hourly rate at or below 200% of the federal minimum wage. With the federal minimum at $7.25 per hour (FLSA), that threshold is roughly $14.50 per hour as of 2026.
New Hampshire's Notice Rule: RSA 275:70
New Hampshire is one of a handful of states with a strict timing requirement for non-competes. RSA 275:70 says that when an employer requires an employee or a job applicant to sign a non-compete as a condition of employment, the employer must provide a copy of the agreement prior to or concurrent with making an offer of employment or an offer of a change in job classification.
The consequence is blunt: if the employer does not give you the agreement that early, the non-compete is void. This protects workers from the common bait-and-switch where you quit your old job, show up on day one, and only then are handed a restrictive covenant you never saw during negotiations. If that happened to you, the timing failure alone may make the agreement unenforceable.
Note what the statute does and does not cover. It applies to non-compete agreements that restrict you from working for a competitor. It generally does not reach non-solicitation or confidentiality clauses, which are analyzed under common-law reasonableness rather than this specific notice rule.
The Low-Wage Ban: RSA 275:70-a
Effective in 2019, RSA 275:70-a bars employers from requiring a low-wage employee to sign a non-compete agreement. A low-wage employee is one whose hourly rate is less than or equal to 200% of the federal minimum wage. Because New Hampshire's state minimum wage tracks the federal floor of $7.25 per hour (RSA 279:21), 200% currently works out to about $14.50 per hour as of 2026.
The statute prohibits non-compete provisions that would restrict a low-wage worker from:
- Working for another employer for a specified period of time;
- Working in a specified geographic area; or
- Working for another employer in a position similar to the employee's current job.
Any non-compete that violates this section is void and unenforceable. Because the federal minimum wage can change, and because how an employer calculates an "hourly rate" for salaried or tipped workers can be disputed, confirm the current threshold and your status with the New Hampshire Department of Labor before relying on it.
The Reasonableness Test for Everyone Else
If you earn above the low-wage threshold and received proper notice, your non-compete can still be enforced — but New Hampshire courts will not rubber-stamp it. New Hampshire follows a long-standing common-law reasonableness standard. To be enforceable, a non-compete must satisfy a three-part test:
- Legitimate business interest. The restriction must protect a genuine interest of the employer, such as trade secrets, confidential information, or goodwill with customers — not simply shield the employer from ordinary competition.
- No broader than necessary. The duration, geographic reach, and scope of restricted activity must be no greater than needed to protect that interest. A nationwide, multi-year ban on a local employee is the kind of overreach courts scrutinize.
- Not contrary to the public interest. The restraint cannot unduly harm the public, for example by depriving a community of needed services or trapping a worker out of their field.
New Hampshire courts weigh the hardship on the employee against the employer's need. There is no fixed statutory time limit, but shorter, narrowly tailored restrictions (often one year or less, limited to a real service area) are far more likely to survive than sweeping ones.
Reformation and Consideration
New Hampshire courts have at times reformed (narrowed) an overly broad covenant rather than voiding it entirely, but this is discretionary and not guaranteed — an employer cannot count on a judge rewriting an unreasonable agreement. As for consideration, a new job offer plainly supports a non-compete. For existing employees asked to sign mid-employment, New Hampshire generally treats continued employment as adequate consideration, though the facts matter.
Special Rules and the Federal Picture
New Hampshire also limits restrictive covenants in specific professions. For example, agreements that would prevent a departing physician from notifying patients of their new practice or providing records are restricted, protecting patients' continuity of care. If you work in a regulated profession, ask whether a sector-specific rule applies to you.
On the federal side, there is currently no nationwide ban on non-competes. The Federal Trade Commission issued a rule in 2024 that would have banned most non-competes, but a federal court set it aside before it took effect, and it is not in force as of 2026. That means your protections come from New Hampshire law, not a federal rule. The federal baseline you should know is the FLSA minimum wage of $7.25 per hour and the federal 40-hour overtime standard — relevant here because the low-wage non-compete threshold is pegged to that federal minimum.
What to Do If You Are Asked to Sign or Are Being Threatened
- Get it in writing early. Ask for the full non-compete before you accept any offer. If the employer did not provide it before or concurrent with the offer, note the date — that timing failure can void it under RSA 275:70.
- Check your hourly rate. If you earn at or below roughly 200% of the federal minimum wage, the agreement likely cannot be enforced against you under RSA 275:70-a.
- Read the scope. Note the duration, geography, and what jobs are restricted. Overbroad terms are vulnerable under the reasonableness test.
- Negotiate before signing. You can often narrow the time period, limit the geography, or carve out your specialty. Employers expect some negotiation.
- Keep records. Save offer letters, emails, and the signed agreement. If an employer threatens to sue or sends a cease-and-desist when you take a new job, those documents matter.
- Do not assume a threat is valid. Many demand letters rely on covenants that would not hold up. Before you turn down a job offer out of fear, get the agreement reviewed.
Where to Verify
The agency that administers wage and worker-protection laws in the state is the New Hampshire Department of Labor. You can confirm the current federal minimum wage (and therefore the low-wage threshold), the text of RSA 275:70 and RSA 275:70-a, and how to file a complaint through the Department. Because non-compete disputes often turn on contract specifics and can involve litigation, consider consulting a New Hampshire employment attorney — many offer a free initial consultation — before you sign a restrictive agreement or respond to an enforcement threat.
Official New Hampshire Sources
This page is based on New Hampshire employment law. Rules and figures change — verify the current details directly with the official New Hampshire sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside New Hampshire state law.
Frequently asked questions
Are non-competes legal in New Hampshire?
Yes. New Hampshire enforces non-compete agreements that are reasonable in duration, geography, and scope and that protect a legitimate business interest. But the employer must give you the agreement before or at the same time as the job offer (RSA 275:70), and non-competes are banned outright for low-wage employees (RSA 275:70-a).
Who counts as a low-wage employee exempt from non-competes in New Hampshire?
Under RSA 275:70-a, a low-wage employee earns an hourly rate at or below 200% of the federal minimum wage. With the federal minimum at $7.25, that is about $14.50 per hour as of 2026. Confirm the current figure with the New Hampshire Department of Labor, since the threshold moves with the federal minimum wage.
What happens if my employer made me sign a non-compete after I started?
RSA 275:70 requires the employer to provide the non-compete prior to or concurrent with the job offer or an offer of a change in job classification. If you only received it after accepting or starting, the non-compete is void for that timing failure alone.
How long can a non-compete last in New Hampshire?
There is no fixed statutory time limit. New Hampshire courts apply a reasonableness test, and restrictions that are short and narrowly tailored, often one year or less within a real service area, are more likely to be upheld than broad, multi-year, nationwide bans.
Did the federal ban on non-competes take effect?
No. The FTC's 2024 rule that would have banned most non-competes was set aside by a federal court and is not in force as of 2026. In New Hampshire, your protections come from state law, RSA 275:70 and RSA 275:70-a, not a federal rule.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
