Pay-threshold ban
New Hampshire Non-Compete Law (2026): Void below the pay floor
New Hampshire is more restrictive than its common-law reputation suggests. Three statutes take groups off the table outright: workers paid at or under twice the federal minimum wage, physicians, and, as of July 2026, physician associates. Everyone else can be bound, but only if the employer produced the document before the worker accepted the job or the reclassification, and only to the extent the restraint is genuinely reasonable.
The rule
How New Hampshire treats non-compete agreements
The timing defense under RSA 275:70 is the quietest and most effective one in the state, because employers routinely bundle restrictive covenants into first-day onboarding paperwork, which is already too late. Note also that the low-wage test is stated as an hourly rate, so a salaried worker below the equivalent annual figure is not automatically covered.
If you are an employer
Two compliance steps matter most here: confirm the worker is above $14.50 per hour and outside the protected clinical categories, then deliver the covenant before any offer or reclassification is accepted.
If you are a worker
If you earn $14.50 an hour or less, work as a physician or physician associate, or were handed the noncompete only after you had already accepted the job, the agreement is very likely unenforceable.
| Classification | Statutory bans for low-wage workers and several clinician groups; reasonableness elsewhere |
|---|---|
| Pay threshold | RSA 275:70-a voids any noncompete with an employee earning an hourly rate at or below 200% of the federal minimum wage, which is $14.50 per hour while the federal floor sits at $7.25. |
| Maximum term | No statutory cap for workers who can be bound; New Hampshire courts weigh duration as part of the overall reasonableness inquiry. |
| Notice or consideration | Yes. RSA 275:70 obliges the employer to hand over the noncompete before the applicant accepts an offer of employment or before an existing employee accepts a change in job classification. A covenant delivered late is unenforceable. |
| Primary statute | N.H. Rev. Stat. Ann. § 275:70 (pre-acceptance disclosure); § 275:70-a (low-wage employees); § 329:31-a (physicians); 2026 N.H. Laws ch. 55 (SB 402, physician associates) |
Detail
What has changed, and what is still moving
Legislation 2024–2026
SB 402, signed May 8, 2026 and effective July 7, 2026, voids any agreement restricting where or for how long a physician associate may practice after a professional relationship ends, extending to PAs the protection physicians already enjoy. The low-wage prohibition in RSA 275:70-a dates from 2019 and the disclosure rule in RSA 275:70 from 2014; neither was amended in 2024-2026.
Bills to watch
HB 1188 would have lifted the low-wage cutoff to 500% of the federal minimum wage (roughly $36.25 per hour). The House Labor committee majority recommended it inexpedient to legislate 11-9 on February 24, 2026 and it did not advance. Expect the concept to return in a future session.
Leading cases
ACAS Acquisitions (Precitech) Inc. v. Hobert, 155 N.H. 381 (2007), states the three-part reasonableness test: the restraint must be no broader than the employer's legitimate interest, must not impose undue hardship, and must not injure the public. New Hampshire courts will reform an overbroad covenant only where the employer drafted in good faith.
If you have one in hand
What can make a non-compete unenforceable in New Hampshire
- You earn below the threshold. RSA 275:70-a voids any noncompete with an employee earning an hourly rate at or below 200% of the federal minimum wage, which is $14.50 per hour while the federal floor sits at $7.25.
- The employer skipped a required step. Yes. RSA 275:70 obliges the employer to hand over the noncompete before the applicant accepts an offer of employment or before an existing employee accepts a change in job classification. A covenant delivered late is unenforceable.
- 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 New Hampshire.
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
New Hampshire non-compete questions
Are non-compete agreements enforceable in New Hampshire?
New Hampshire is more restrictive than its common-law reputation suggests. Three statutes take groups off the table outright: workers paid at or under twice the federal minimum wage, physicians, and, as of July 2026, physician associates. Everyone else can be bound, but only if the employer produced the document before the worker accepted the job or the reclassification, and only to the extent the restraint is genuinely reasonable.
How long can a non-compete last in New Hampshire?
No statutory cap for workers who can be bound; New Hampshire courts weigh duration as part of the overall reasonableness inquiry.
Is there a minimum salary for non-competes in New Hampshire?
RSA 275:70-a voids any noncompete with an employee earning an hourly rate at or below 200% of the federal minimum wage, which is $14.50 per hour while the federal floor sits at $7.25.
What notice or consideration does New Hampshire require?
Yes. RSA 275:70 obliges the employer to hand over the noncompete before the applicant accepts an offer of employment or before an existing employee accepts a change in job classification. A covenant delivered late is unenforceable.
Sources
How this entry was checked
- Primary source. N.H. Rev. Stat. Ann. § 275:70 (pre-acceptance disclosure); § 275:70-a (low-wage employees); § 329:31-a (physicians); 2026 N.H. Laws ch. 55 (SB 402, physician associates) — the statutory text itself.
- Secondary sources consulted. RSA 275:70 and 275:70-a, N.H. General Court, LegiScan (HB 1188, SB 402), Fair Competition Law, Rubin Fortunato, McLane Middleton.
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.