Allowed above a pay floor
Non-compete law in New Hampshire
New Hampshire voids and bars noncompetes for 'low-wage employees' (hourly rate at or below 200% of the federal minimum wage, i.e. $14.50/hour while the federal rate is $7.25) and requires an employer to give a new hire a copy of any noncompete before the hire accepts the offer, or it is unenforceable. Separate statutes void geographic post-employment practice restrictions for physicians (since 2016), nurses (since June 25, 2018), advanced practice registered nurses (since Aug. 23, 2025) and physician associates (since July 7, 2026). All other employees are governed by judge-made reasonableness.
Last verified · confidence high. Clauseworthy is not a law firm and does not give legal advice.
- Employee non-competes
- Only within the statute's conditions
- Pay floor
- $14.50 an hour in 2026, adjusted with federal minimum wage
- How pay is measured
- RSA 275:70-a, I(b): 'low-wage employee' earns an hourly rate less than or equal to 200 percent of the federal minimum wage; federal minimum wage is $7.25/hour (US DOL page fetched 2026-10-14), so 200% = $14.50 (derived figure; not stated in the statute)
- Duration
- No statutory cap for other employees; common-law reasonableness (not sourced to an official opinion here).
- Notice
- An employer that requires an employee not previously employed by it to sign a noncompete as a condition of employment must give the employee a copy before the employee accepts the offer; an undisclosed noncompete is unenforceable against the employee, but other provisions of the agreements stay in force (RSA 275:70).
Exceptions and special rules
- RSA 275:70 and 275:70-a address employer-employee agreements; they do not address sale-of-business covenants.
- Physician licensed by the board. Any contract establishing the terms of partnership, employment or other professional relationship that restricts the physician's right to also practice medicine in any geographic area for any period after the relationship ends is void and unenforceable as to that restriction; other provisions remain. Applies to new contracts or renewals entered on or after Aug. 5, 2016. (RSA 329:31-a (2016, 194:1))
- Nurse licensed by the board of nursing. Any contract establishing the terms of partnership, employment or other professional relationship that restricts the nurse's right to also practice in any geographic area for any period after the relationship ends is void and unenforceable as to that restriction; other provisions remain. Applies to new contracts or renewals entered on or after June 25, 2018. (RSA 326-B:45-a (2018, 322:1, eff. June 25, 2018))
- Advanced practice registered nurse (APRN) licensed by the board. Same geographic-restriction voiding rule as for physicians; applies to new contracts or renewals entered on or after Aug. 23, 2025. (RSA 326-B:45-b (2025, 119:1, eff. Aug. 23, 2025))
- Physician associate licensed by the board of medicine. SB 402 (Chapter 55, Laws of 2026), signed May 8, 2026, effective July 7, 2026: adds RSA 328-D:20 voiding geographic post-employment practice restrictions for physician associates, for new contracts or renewals on or after the effective date (wording as introduced per secondary source; the official bill page shows 'No Amendments' and a chaptered final version). (RSA 328-D:20 (2026, ch. 55))
Non-solicitation clauses
RSA 275:70-a defines a noncompete agreement as one restricting work for another employer for a period, in an area, or similar work; non-solicitation covenants are not addressed in RSA 275:70 or 275:70-a.
Contracts naming another state's law
None found in RSA 275:70, 275:70-a or the three occupation statutes.
Remedies
Void and unenforceable (RSA 275:70-a, II(b)); an employer may not require a low-wage employee to enter into one (II(a)). Unenforceable if not disclosed before offer acceptance (RSA 275:70). No fee-shifting or penalty in these sections.
Which agreements it covers
RSA 275:70-a effective Sept. 8, 2019; RSA 275:70 effective July 14, 2012 (amended 2014); occupation statutes apply to new contracts and renewals on/after their effective dates. Low-wage ban (RSA 275:70-a). Occupation rules: physicians 2016-08-05; nurses 2018-06-25; APRNs 2025-08-23; physician associates 2026-07-07 (new contracts and renewals).
Recent changes
- 2026-09-29. HB 1188 (2026), which would have raised the RSA 275:70-a threshold from 200% to 500% of the federal minimum wage, is not reflected in the official RSA text as of this snapshot (still 200%). Secondary sources report it died for inactivity; official bill status not fetched. Source
- 2026-07-07. SB 402 (Chapter 55, Laws of 2026) effective: physician associates (new RSA 328-D:20). Signed by Governor 2026-05-08. Source
- 2025-08-23. RSA 326-B:45-b added (Laws of 2025, chapter 119; bill number SB 172 per a secondary source): geographic practice restrictions void for APRNs. Source
Primary sources
- N.H. RSA 275:70 (noncompete agreements; disclosure) Read from an Internet Archive copy of the official page, snapshot 2026-09-29: the official site did not answer when this row was verified.
- N.H. RSA 275:70-a (low-wage employees) Read from an Internet Archive copy of the official page, snapshot 2026-09-29: the official site did not answer when this row was verified.
- N.H. RSA 329:31-a (physicians) Read from an Internet Archive copy of the official page, snapshot 2026-10-07: the official site did not answer when this row was verified.
- N.H. RSA 326-B:45-b (advanced practice registered nurses) Read from an Internet Archive copy of the official page, snapshot 2026-10-03: the official site did not answer when this row was verified.
- U.S. DOL, federal minimum wage ($7.25/hour) (official source)
- N.H. SB 402 (2026) bill status (signed, Chapter 55, effective 07/07/2026) Read from an Internet Archive copy of the official page, snapshot 2026-09-22: the official site did not answer when this row was verified.