Non-Compete Laws in New Hampshire
Restricted by income threshold
New Hampshire restricts non-competes for physicians, podiatrists, and low-wage workers earning at or below twice the federal minimum wage or tipped minimum wage. For other workers, non-competes must protect legitimate business interests and not impose undue hardship.
Key details
| Enforceability | Restricted by income threshold |
|---|---|
| Banned industries | Physicians and podiatrists are protected regardless of income. |
| Blue pencil doctrine | Varies |
| Key statute | N.H. Rev. Stat. §275:70 |
What this means for you
If you earn below the wage threshold or work as a physician or podiatrist, your non-compete may be void.
Non-compete laws in New Hampshire: what you need to know
New Hampshire restricts non-competes for physicians, podiatrists, and low-wage workers. Employees earning at or below twice the federal minimum wage are protected from non-compete agreements. This threshold is relatively low compared to other income-threshold states, which means that a broader range of workers in New Hampshire may still be subject to enforceable non-competes.
For workers above the income threshold and outside protected professions, New Hampshire courts evaluate non-competes based on traditional reasonableness standards. Agreements must protect a legitimate business interest, be reasonable in scope and duration, and not impose undue hardship on the employee. New Hampshire courts have been moderately willing to enforce reasonable non-competes but will not uphold agreements that are broader than necessary.
New Hampshire requires employers to provide notice of a non-compete clause before or at the time of making a job offer for new employees. For existing employees, the employer must provide reasonable notice before the non-compete takes effect. These notice requirements help ensure that workers can make informed decisions about their employment.
The state has considered broader non-compete reform in recent legislative sessions. Several bills have been introduced to raise the income threshold or impose additional restrictions, but none have passed as of March 2026. Workers and employers should monitor legislative developments as the trend nationally is toward greater restrictions.
New Hampshire's relatively low income threshold means that a broader range of workers may be subject to enforceable non-competes compared to states with higher thresholds like Washington or Colorado. However, the state's protections for physicians, podiatrists, and low-wage workers provide important safeguards for the most vulnerable workers.
New Hampshire workers should be aware that the notice requirements are an important procedural protection. If your employer did not provide notice of the non-compete before or at the time of making the job offer (for new hires) or with reasonable notice (for existing employees), the agreement may be unenforceable on procedural grounds alone.
More New Hampshire workplace laws
Check other workplace law topics for New Hampshire:
Frequently asked questions about non-compete laws in New Hampshire
Non-competes are unenforceable for employees earning at or below twice the federal minimum wage. Any increases to the federal minimum wage will shift this threshold. The current federal minimum wage of $7.25 per hour means the threshold is $14.50 per hour, or approximately $30,160 per year.
No. New Hampshire specifically protects physicians and podiatrists from non-compete agreements.
Yes. Employers must provide notice of the non-compete before or at the time of making a job offer. For existing employees, reasonable notice must be provided before the non-compete takes effect.
For workers above the income threshold who are not in a protected profession, courts evaluate whether the agreement protects a legitimate business interest, is reasonable in scope and duration, and does not impose undue hardship. The employer must also provide adequate consideration and proper notice.
Non-solicitation agreements are generally treated separately from non-competes and may be enforceable if they are reasonable in scope. However, if a non-solicitation agreement is so broad that it effectively prevents you from working in your field, it may be treated as a non-compete.