Skip to content
Oakclause

Non-Compete Laws in New Hampshire

New Hampshire voids non-competes for low-wage employees earning an hourly rate at or below 200% of the federal minimum wage, and requires employers to give new hires a copy of a non-compete before they accept the job offer.

Last checked . General information, not legal advice.

New Hampshire at a glance

Status
Restricted: low-wage ban, copy before offer
An agreement not disclosed to a new hire before acceptance of the offer cannot be enforced against the employee.
Enforceable against employees
Only above wage floor and if disclosed
Salary threshold
Above 200% of federal minimum wage
Void for employees whose hourly rate is less than or equal to 200 percent of the federal minimum wage (RSA 275:70-a, since Sept. 8, 2019).
Advance notice required
Yes, before the offer is accepted
Applies to employees not previously employed by the employer.

Sources

Last checked

The rules in New Hampshire

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

Status in New Hampshire: Restricted: low-wage ban, copy before offer. An agreement not disclosed to a new hire before acceptance of the offer cannot be enforced against the employee.

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

Only above wage floor and if disclosed. Enforceable against employees in New Hampshire: only above wage floor and if disclosed.

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

Salary threshold in New Hampshire: Above 200% of federal minimum wage. Void for employees whose hourly rate is less than or equal to 200 percent of the federal minimum wage (RSA 275:70-a, since Sept. 8, 2019).

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

Yes, before the offer is accepted. Advance notice required in New Hampshire: yes, before the offer is accepted. Applies to employees not previously employed by the employer.

Where do the New Hampshire non-compete laws come from?

The rules above come from N.H. Rev. Stat. Ann. 275:70 and N.H. Rev. Stat. Ann. 275:70-a. 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.