Rhode island non compete law restricts non competes by statute: rhode Island’s Noncompetition Agreement Act makes a non compete unenforceable against FLSA non exempt (hourly) employees, undergraduate or graduate students in internships or short-term jobs, employees 18 or younger, and low-wage employees earning no more than 250% of the federal poverty level; everyone else is judged under the common-law reasonableness test.
This guide gives the exact Rhode Island 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 Rhode Island Department of Labor and Training, Labor Standards or an attorney before you rely on it.
Rhode Island Non Compete Law at a Glance
| Status | Restricted by statute |
| Income threshold | Annual earnings of not more than 250% of the federal poverty level for an individual (HHS poverty guidelines, updated each year) |
| Statute | R.I. Gen. Laws 28-59-1 to 28-59-3 |
| Notice / consideration | No statutory notice rule |
| Carve-outs | Non exempt employees; student interns; workers 18 or under; low-wage workers; the Act does not cover NDAs, non solicits, sale-of-business or forfeiture… |
| Overbroad terms | unenforceable against the covered workers; the rest of the contract survives; reasonableness test for others |
| In effect since | January 15, 2020 (P.L. 2019, ch. 204 and 264) |
In This Rhode Island Non Compete Law Guide:
Is a Non Compete Enforceable Under Rhode Island Non Compete Law?
Rhode Island’s Noncompetition Agreement Act makes a non compete unenforceable against FLSA non exempt (hourly) employees, undergraduate or graduate students in internships or short-term jobs, employees 18 or younger, and low-wage employees earning no more than 250% of the federal poverty level; everyone else is judged under the common-law reasonableness test. The statute is R.I. Gen. Laws 28-59-1 to 28-59-3.
The carve-outs matter: non exempt employees; student interns; workers 18 or under; low-wage workers; the Act does not cover NDAs, non solicits, sale-of-business or forfeiture agreements; physicians have their own statute (5-37-33).
Rhode Island Non Compete Law at a Glance
Rules verified against the statute on 2026-10-08; confirm the current rule with Rhode Island Department of Labor and Training, Labor Standards 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 | Rhode Island’s Noncompetition Agreement Act makes a non compete unenforceable against FLSA non exempt (hourly) employees, undergraduate or graduate students in internships or short-term jobs, employees 18 or younger, and low-wage employees earning no more than 250% of the federal poverty level; everyone else is judged under the common-law reasonableness test. |
| Income threshold | Annual earnings of not more than 250% of the federal poverty level for an individual (HHS poverty guidelines, updated each year) |
| Statute | R.I. Gen. Laws 28-59-1 to 28-59-3 |
| Carve-outs | Non exempt employees; student interns; workers 18 or under; low-wage workers; the Act does not cover NDAs, non solicits, sale-of-business or forfeiture agreements; physicians have their own statute (5-37-33) |
| What a court does with an overbroad term | unenforceable against the covered workers; the rest of the contract survives; reasonableness test for others |
| In effect since | January 15, 2020 (P.L. 2019, ch. 204 and 264) |
The Reasonableness Test Under Rhode Island Non Compete Law
Rhode Island courts treat reasonableness as the central question, and they judge it on the facts of each agreement. A court asks whether the employer has a real interest to protect, such as client relationships, confidential information or trade secrets. It also asks whether the restriction goes no further than needed in time, area and type of work.
Finally, it checks that the agreement is not unduly harsh on the worker or harmful to the public.
In 2024 the Rhode Island Supreme Court upheld a 24-month restriction that covered only the worker’s current and former clients rather than a whole geographic area. Under the state’s long-standing Durapin rule, a court may cut back an overly broad restriction to a reasonable length or area instead of throwing the whole agreement out, unless the employer acted in bad faith.
With an overbroad term the court will unenforceable against the covered workers; the rest of the contract survives; reasonableness test for others.
Rhode Island 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 Rhode Island Non Compete Law
Rhode Island courts have generally accepted continued at-will employment as enough consideration for a non compete signed by a current employee. In 2024 the Rhode Island Supreme Court enforced an agreement where continued employment plus employer-provided training formed the exchange, so a promotion, raise or bonus is not strictly required.
Non Solicit and Non Disclosure Agreements Under Rhode Island Non Compete Law
Rhode Island’s noncompetition statute defines a non compete so that it does not include agreements not to solicit customers or co-workers, nondisclosure agreements, or agreements tied to selling a business. Those narrower agreements can still apply to workers whose non competes the statute limits, and courts usually find them easier to enforce because they restrict less of a worker’s ability to earn a living.
If You Already Signed One: Rhode Island Non Compete Law in Practice
Read the full agreement and note how long it lasts, what area or client list it covers, and what kind of work it restricts. Check whether it applies to how your job ended and whether you fall into a group the statute protects, then ask your former employer in writing for a release or a narrower waiver.
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Before you accept the new offer, have a Rhode Island employment lawyer review the agreement. The state bar’s referral service can connect you with one.
An employer that believes a valid agreement was broken can ask a Rhode Island court for an injunction ordering the worker to stop the competing work or solicitation, and it can also seek money damages for losses it proves. Attorney’s fees are generally recoverable only if the agreement itself provides for them. Claims involving trade secrets can also be brought under the Rhode Island Uniform Trade Secrets Act (R.I. Gen.
Laws chapter 6-41).
The Federal Rule and Rhode Island 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 Rhode Island non compete law controls. In 2024 Rhode Island barred non competes for advanced practice registered nurses (R.I. Gen.
Laws 5-34-50), and Governor McKee vetoed a broader ban in June 2024. A new limit bill (S 0302) passed the state Senate in June 2025, and a successor (S 2160) was heard in Senate Judiciary in March 2026, but neither appears to have become law as of this writing. Confirm current status with the General Assembly.
Other Rhode Island Non Compete Law Rules to Know
Rhode Island courts may narrow (“blue pencil”) an overly broad non compete under the Durapin rule instead of voiding it entirely. Since 2024, non competes cannot be enforced against advanced practice registered nurses under R.I. Gen. Laws 5-34-50.
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.
Rhode Island — the bottom line
- Rhode island 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 Rhode Island non compete law, an overbroad term is unenforceable against the covered workers; the rest of the contract survives; reasonableness test for others — the words of your own agreement decide more than the headline rule.
- Rhode island 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 Rhode Island?
Sometimes. Rhode Island’s Noncompetition Agreement Act makes a non compete unenforceable against FLSA non exempt (hourly) employees, undergraduate or graduate students in internships or short-term jobs, employees 18 or younger, and low-wage employees earning no more than 250% of the federal poverty level; everyone else is judged under the common-law reasonableness test.
Is there an income threshold under Rhode Island non compete law?
Annual earnings of not more than 250% of the federal poverty level for an individual (HHS poverty guidelines, updated each year)
What does a Rhode Island court do with an overbroad non compete?
Unenforceable against the covered workers; the rest of the contract survives; reasonableness test for others.
Can my employer enforce a non compete in Rhode Island 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 Rhode Island and have a new offer — what should I do?
Read the full agreement and note how long it lasts, what area or client list it covers, and what kind of work it restricts. Check whether it applies to how your job ended and whether you fall into a group the statute protects, then ask your former employer in writing for a release or a narrower waiver.
Official Rhode Island Sources & Resources
- Rhode Island Department of Labor and Training, Labor Standards: https://dlt.ri.gov/regulation-and-safety/labor-standards
- Rhode Island non compete statute (R.I. Gen. Laws 28-59-1 to 28-59-3): http://webserver.rilegislature.gov/Statutes/TITLE28/28-59/INDEX.htm
- Verified source: https://webserver.rilegislature.gov/Statutes/TITLE28/28-59/28-59-3.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
- Rhode Island bar lawyer referral: https://www.ribar.com
This Rhode Island non compete law guide was last verified against official Rhode Island sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Rhode Island Workplace Rights Guides
- Rhode Island Final Paycheck Law: Deadlines and Penalties
- Rhode Island Wrongful Termination Laws: When a Firing Is Illegal
- Rhode Island At Will Employment Law: The Exceptions
- Rhode Island Labor Laws: Every Rule in One Place
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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.