Skip to content
Oakclause

Non-Compete Laws in North Dakota

North Dakota law makes employee non-competes void, with exceptions only for the sale of a business and for owners when a business dissolves or an owner leaves.

Last checked . General information, not legal advice.

North Dakota at a glance

Status
Banned for employees
Exceptions: sale of a business's goodwill, and partners, members or shareholders on dissolution or exit.
Enforceable against employees
No
Salary threshold
Not applicable (banned)
Employee non-competes are void regardless of pay.
Advance notice required
Not applicable (banned)
Employee non-competes are void, so no notice rule applies.

Sources

Last checked

The rules in North Dakota

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

Status in North Dakota: Banned for employees. Exceptions: sale of a business's goodwill, and partners, members or shareholders on dissolution or exit.

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

No. Enforceable against employees in North Dakota: no.

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

Salary threshold in North Dakota: Not applicable (banned). Employee non-competes are void regardless of pay.

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

Not applicable (banned). Advance notice required in North Dakota: not applicable (banned). Employee non-competes are void, so no notice rule applies.

Where do the North Dakota non-compete laws come from?

The rules above come from N.D.C.C. 9-08-06. 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.