Occupation limits
Nebraska Non-Compete Law (2026): Courts rarely enforce
Nebraska has no noncompete statute covering ordinary employees, yet its courts are among the least receptive in the country to these clauses. Judges will not stop a departing worker from competing generally; the only restriction that survives review is a narrow promise not to solicit specific accounts the worker personally handled. A 2026 law will separately outlaw noncompetes used by health care staffing agencies once it takes effect in July 2027.
The rule
How Nebraska treats non-compete agreements
The absence of judicial reformation is what gives Nebraska its bite: one overbroad phrase sinks the whole clause, so employers get no second chance at a narrower version. Contractual fee-shifting provisions are also void here, removing a common deterrent to challenging a covenant.
If you are an employer
Skip the territory-based noncompete entirely and invest your drafting effort in an account-specific non-solicitation clause limited to customers the employee actually serviced, because Nebraska judges void overbroad covenants instead of trimming them.
If you are a worker
A Nebraska covenant that tries to keep you out of an industry or a region is very likely dead on arrival, and even a customer clause reaches only the accounts you personally worked.
| Classification | Judicially near-unenforceable; narrow account-based non-solicits only |
|---|---|
| Pay threshold | No pay threshold |
| Maximum term | No statutory ceiling. Courts test duration against the employer's actual protectable interest, and periods running past the life of that interest have been struck. |
| Notice or consideration | Nothing in Nebraska law requires advance notice or a disclosure window. Consideration is required, and continued at-will employment counts. |
| Primary statute | No general noncompete statute; judge-made law controls. Health Care Staffing Agency Registration Act, 2026 Neb. Laws LB 921, §§ 7-15 (noncompete bar at § 11), operative July 1, 2027. |
Detail
What has changed, and what is still moving
Legislation 2024–2026
LB 921, approved by the Governor on April 14, 2026, created the Health Care Staffing Agency Registration Act. Registered staffing agencies may not impose noncompetes on the clinicians they place or on the Nebraska facilities they contract with, and may not charge conversion fees when a facility hires a placed worker. Penalties run $500 for a first violation and $5,000 thereafter, with registration revocation available. These provisions become operative July 1, 2027. No general-workforce noncompete statute was enacted in 2024-2026.
Bills to watch
No broad restrictive bill is moving. Legislative interest in 2025-2026 was confined to health care staffing, which LB 921 resolved.
Leading cases
Polly v. Ray D. Hilderman & Co., 225 Neb. 662 (1986), and Prof'l Bus. Servs. Co. v. Rosno, 268 Neb. 99 (2004), set the governing rule: a covenant may reach only clients the employee personally dealt with. Sisk v. Scripps Media, Inc., 2024 WL 1175140 (D. Neb. 2024), applied that rule to void both a 'substantially similar services' noncompete and a non-solicit reaching 'prospective' customers.
If you have one in hand
What can make a non-compete unenforceable in Nebraska
- Your occupation is carved out. Judicially near-unenforceable; narrow account-based non-solicits only
- The scope is wider than the interest behind it. A restriction that reaches beyond the customers, trade secrets or goodwill the employer can actually point to is the most common reason a covenant fails in Nebraska.
Whether any of these applies turns on the wording of your own agreement, your role and the case law your court follows. This page maps the statutory landscape; it does not replace advice on a specific contract.
FAQ
Nebraska non-compete questions
Are non-compete agreements enforceable in Nebraska?
Nebraska has no noncompete statute covering ordinary employees, yet its courts are among the least receptive in the country to these clauses. Judges will not stop a departing worker from competing generally; the only restriction that survives review is a narrow promise not to solicit specific accounts the worker personally handled. A 2026 law will separately outlaw noncompetes used by health care staffing agencies once it takes effect in July 2027.
How long can a non-compete last in Nebraska?
No statutory ceiling. Courts test duration against the employer's actual protectable interest, and periods running past the life of that interest have been struck.
Is there a minimum salary for non-competes in Nebraska?
No. Nebraska sets no income floor, so pay alone does not decide whether a covenant binds you. The test is whether the restriction goes further than the employer's legitimate interest requires in time, geography and scope of work.
What notice or consideration does Nebraska require?
Nothing in Nebraska law requires advance notice or a disclosure window. Consideration is required, and continued at-will employment counts.
Sources
How this entry was checked
- Primary source. No general noncompete statute; judge-made law controls. Health Care Staffing Agency Registration Act, 2026 Neb. Laws LB 921, §§ 7-15 (noncompete bar at § 11), operative July 1, 2027. — the statutory text itself.
- Secondary sources consulted. Neb. Legislature LB 921 slip law, Kutak Rock, National Law Review, Rembolt Ludtke, McGrath North, Nebraska Supreme Court opinions.
Check it against a third party
None of these is ours. If a figure here matters to a decision, verify it:
- Federal Trade Commission — non-compete hub
- Economic Innovation Group — State Noncompete Law Tracker
- Fair Competition Law (Beck Reed Riden) — 50-state legislation tracker
- GAO-23-103785 — Noncompete Agreements (May 2023)
This page is general legal information published by Jurizmo and is not legal advice, does not create an attorney-client relationship, and may not reflect amendments enacted after the review date above. Consult a licensed attorney in the relevant state before acting on any agreement.