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Non-Compete Laws in Idaho

Idaho enforces reasonable non-competes with key employees, presumes 18 months or less reasonable, and presumes the top 5% highest paid employees are key employees.

Last checked . General information, not legal advice.

Idaho at a glance

Status
Enforceable for key employees if reasonable (statute)
Restrictions over 18 months need consideration beyond employment.
Enforceable against employees
Yes, for key employees if reasonable
Applies to key employees and key independent contractors.
Salary threshold
No dollar threshold
Employees among the employer's highest paid 5% are presumed to be key employees.
Advance notice required
No
Idaho Code 44-2701 to 44-2704 contain no advance notice rule.

Sources

Last checked

The rules in Idaho

Are employee non-compete agreements banned, restricted or enforceable in Idaho?

Status in Idaho: Enforceable for key employees if reasonable (statute). Restrictions over 18 months need consideration beyond employment.

Can an employer enforce a non-compete against an employee in Idaho?

Yes, for key employees if reasonable. Enforceable against employees in Idaho: yes, for key employees if reasonable. Applies to key employees and key independent contractors.

Is there a minimum salary for a non-compete to be enforceable in Idaho?

Salary threshold in Idaho: No dollar threshold. Employees among the employer's highest paid 5% are presumed to be key employees.

Does Idaho require employers to give advance notice of a non-compete?

No. Advance notice required in Idaho: no. Idaho Code 44-2701 to 44-2704 contain no advance notice rule.

Where do the Idaho non-compete laws come from?

The rules above come from Idaho Code 44-2701, Idaho Code 44-2702 and Idaho Code 44-2704. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Read the restriction closely before signing. Note how long it lasts, the area it covers, which activities it bars and which state's law the contract says applies. A choice-of-law clause does not always control, because some states refuse to apply another state's law to their own residents or workers.

Salary thresholds are often adjusted every year for inflation. If a state uses a threshold, check the figure for the year the agreement was signed or is being enforced, and how the statute defines earnings.

A non-compete is different from a non-solicitation or confidentiality agreement. Many states that limit non-competes still allow narrower clauses that protect trade secrets or customer lists. An employment lawyer can explain how the rules apply to a specific agreement.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.