New hampshire non compete law restricts non competes by statute: new Hampshire voids any non compete with a low-wage employee — one earning an hourly rate at or below 200% of the federal minimum wage ($14.50 an hour) — and makes any non compete unenforceable if the employer did not hand the worker a copy before the job offer was accepted; everyone else is judged under the common-law reasonableness test.
This guide gives the exact New Hampshire non compete law rule with the date we verified it, the threshold and carve-outs where they exist, what a court does with an overbroad term, and what to do if you signed one. Rules verified against the statute on 2026-10-08; confirm the current rule with New Hampshire Department of Labor, Wage and Hour Division or an attorney before you rely on it.
New Hampshire Non Compete Law at a Glance
| Status | Restricted by statute |
| Income threshold | An hourly rate at or below 200% of the federal minimum wage ($14.50 an hour, about $30,160 a year, while the federal minimum is $7.25) |
| Statute | N.H. Rev. Stat. 275:70, 275:70-a |
| Notice / consideration | A copy of the non compete must be given to a new hire before the offer of employment is accepted (RSA 275:70), or it is unenforceable |
| Carve-outs | Low-wage employees (void); non solicit, NDA and trade-secret agreements are not covered; physicians (RSA 329:31-a) |
| Overbroad terms | void for low-wage workers; reform (reasonableness) for others |
| In effect since | RSA 275:70 (copy before acceptance) 2014; low-wage ban September 8, 2019 (2019 ch. 201, SB 197) |
In This New Hampshire Non Compete Law Guide:
Is a Non Compete Enforceable Under New Hampshire Non Compete Law?
New Hampshire voids any non compete with a low-wage employee — one earning an hourly rate at or below 200% of the federal minimum wage ($14.50 an hour) — and makes any non compete unenforceable if the employer did not hand the worker a copy before the job offer was accepted; everyone else is judged under the common-law reasonableness test. The statute is N.H. Rev. Stat. 275:70, 275:70-a.
The carve-outs matter: low-wage employees (void); non solicit, NDA and trade-secret agreements are not covered; physicians (RSA 329:31-a).
New Hampshire Non Compete Law at a Glance
Rules verified against the statute on 2026-10-08; confirm the current rule with New Hampshire Department of Labor, Wage and Hour Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Status | Restricted by statute |
| What the rule says | New Hampshire voids any non compete with a low-wage employee — one earning an hourly rate at or below 200% of the federal minimum wage ($14.50 an hour) — and makes any non compete unenforceable if the employer did not hand the worker a copy before the job offer was accepted; everyone else is judged under the common-law reasonableness test. |
| Income threshold | An hourly rate at or below 200% of the federal minimum wage ($14.50 an hour, about $30,160 a year, while the federal minimum is $7.25) |
| Statute | N.H. Rev. Stat. 275:70, 275:70-a |
| Notice or consideration rule | A copy of the non compete must be given to a new hire before the offer of employment is accepted (RSA 275:70), or it is unenforceable |
| Carve-outs | Low-wage employees (void); non solicit, NDA and trade-secret agreements are not covered; physicians (RSA 329:31-a) |
| What a court does with an overbroad term | void for low-wage workers; reform (reasonableness) for others |
| In effect since | RSA 275:70 (copy before acceptance) 2014; low-wage ban September 8, 2019 (2019 ch. 201, SB 197) |
The Reasonableness Test Under New Hampshire Non Compete Law
New Hampshire courts generally ask three questions: is the restriction broader than needed to protect the employer’s legitimate interests, does it put an undue hardship on the worker, and does it harm the public interest. The employer must first show a protectable interest, such as customer goodwill or confidential information. Courts then look at whether the time limit, geographic area and kind of work restricted fit that interest.
Courts read these agreements narrowly because they restrain trade.
New Hampshire courts decide each agreement on its facts, and courts have generally treated a restriction as reasonable only for as long as a replacement needs to show customers they can do the job. Longer terms, up to several years, have been upheld in some professional settings.
Restrictions that reach customers the worker never dealt with, or that cover more area than the employer actually serves, are more likely to be cut back or struck down. With an overbroad term the court will void for low-wage workers; reform (reasonableness) for others.
New Hampshire Non Compete Law If You Were Fired or Laid Off
Being let go does not automatically cancel a non compete, but a layoff without cause weighs against the employer, and some statutes release a worker who was dismissed or require the employer to keep paying during the restriction.
What the Employer Must Give Under New Hampshire Non Compete Law
A copy of the non compete must be given to a new hire before the offer of employment is accepted (RSA 275:70), or it is unenforceable A non compete is a contract, so the employer must give something for it — the job itself for a new hire, and in many states a raise, a bonus or a promotion for a current employee.
Non Solicit and Non Disclosure Agreements Under New Hampshire Non Compete Law
A non-solicit agreement stops you from pursuing the former employer’s customers or coworkers, and a non-disclosure agreement protects confidential information. Neither one stops you from working for a competitor. New Hampshire courts judge both under the same reasonableness test, and because they restrict less, they are generally easier to enforce than a full non compete.
If You Already Signed One: New Hampshire Non Compete Law in Practice
Read the agreement closely and note how long it lasts, what area it covers, what work it restricts, and whether it applies only if you quit or also if you are let go. Before accepting a new offer, you can ask your former employer for a written release or waiver, and share the agreement with the new employer so they understand any limits.
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A New Hampshire employment lawyer can review the terms, and the state bar’s referral service can help you find one.
An employer that believes a valid agreement was broken can ask a New Hampshire court for an injunction that stops the competing work, and can seek money for losses it can prove. Attorney fees are usually recoverable only if the agreement itself provides for them, and a court may enforce a narrowed version only if the employer acted in good faith when it had the worker sign.
The Federal Rule and New Hampshire Non Compete Law
The Federal Trade Commission adopted a nationwide non compete ban in 2024, but a federal court blocked it before it took effect and the FTC later withdrew its defense; as of October 2026 there is no federal ban in force, so New Hampshire non compete law controls.
In 2025, New Hampshire passed SB 172, which makes non compete terms that limit where advanced practice registered nurses can practice after a job ends unenforceable for agreements signed or renewed after it took effect. In 2026, SB 402 (Chapter 55) did the same for physician associates, and it does not apply to agreements already in place.
Other New Hampshire Non Compete Law Rules to Know
New Hampshire has separate profession-specific rules: post-employment practice restrictions on advanced practice registered nurses (2025) and physician associates (2026) are void, so workers in health care should check whether their role is covered. Courts can narrow an overbroad agreement instead of throwing it out, but only if the employer shows it acted in good faith.
Think your employer owes you money or broke the law?
A non compete is a contract question, and the answer turns on your own agreement’s words. Your state bar runs a lawyer-referral service that connects you with an employment attorney for a short, low-cost first consultation — find it through the American Bar Association referral directory. Free legal aid may also help if your income qualifies.
New Hampshire — the bottom line
- New hampshire non compete law is a statute with its own limits — the first thing to check is which side of the line your agreement falls on.
- Under New Hampshire non compete law, an overbroad term is void for low-wage workers; reform (reasonableness) for others — the words of your own agreement decide more than the headline rule.
- New hampshire non compete law does not stop you from taking a new job in a different field or outside the restricted area — read the scope before you turn an offer down.
Frequently Asked Questions
Are non competes enforceable in New Hampshire?
Sometimes. New Hampshire voids any non compete with a low-wage employee — one earning an hourly rate at or below 200% of the federal minimum wage ($14.50 an hour) — and makes any non compete unenforceable if the employer did not hand the worker a copy before the job offer was accepted; everyone else is judged under the common-law reasonableness test.
Is there an income threshold under New Hampshire non compete law?
An hourly rate at or below 200% of the federal minimum wage ($14.50 an hour, about $30,160 a year, while the federal minimum is $7.25)
What does a New Hampshire court do with an overbroad non compete?
Void for low-wage workers; reform (reasonableness) for others.
Can my employer enforce a non compete in New Hampshire after firing me?
In most states the agreement can still be enforced after a firing, but a layoff without cause weighs against the employer and some statutes release the worker outright.
I signed a non compete in New Hampshire and have a new offer — what should I do?
Read the agreement closely and note how long it lasts, what area it covers, what work it restricts, and whether it applies only if you quit or also if you are let go.
Official New Hampshire Sources & Resources
- New Hampshire Department of Labor, Wage and Hour Division: https://www.nh.gov/labor/inspection/wage-hour.htm
- New Hampshire non compete statute (N.H. Rev. Stat. 275:70, 275:70-a): https://gc.nh.gov/rsa/html/XXIII/275/275-70.htm
- Verified source: https://gc.nh.gov/rsa/html/XXIII/275/275-70-a.htm
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
- Federal Trade Commission — the non compete rule (status): ftc.gov
- New Hampshire bar lawyer referral: https://www.nhbar.org/legal-services-programs/
This New Hampshire non compete law guide was last verified against official New Hampshire sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More New Hampshire Workplace Rights Guides
- New Hampshire Final Paycheck Law: Deadlines and Penalties
- New Hampshire Wrongful Termination Laws: When a Firing Is Illegal
- New Hampshire At Will Employment Law: The Exceptions
- New Hampshire Labor Laws: Every Rule in One Place
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.