New Hampshire has built a layered framework for non-compete restrictions that has grown stronger in recent years. The state protects lower-wage workers, physicians, and now advanced practice nurses from non-compete enforcement.
New Hampshire's Salary Threshold
New Hampshire's non-compete law establishes a salary threshold tied to the federal minimum wage. Non-compete agreements are unenforceable for employees earning at or below a certain threshold based on a multiple of the federal minimum wage. This threshold is not adjusted as frequently as states like Colorado or Oregon — it remains tied to the federal minimum wage rate.
✅ Lower-wage workers in New Hampshire are protected from non-compete enforcement by the salary threshold. If you earn at or near minimum wage, your non-compete is very likely void under New Hampshire law regardless of what the agreement says.
Notice Requirements in New Hampshire
New Hampshire requires employers to provide advance written notice before requiring employees to sign a non-compete agreement. Employers must provide the non-compete to prospective employees before or at the time of the job offer — not after the employee has already accepted the position and given notice elsewhere. Failure to provide adequate notice can affect enforceability.
Physician Non-Competes — Long-Standing Ban
New Hampshire has long prohibited non-compete agreements that prevent physicians from practicing medicine in any geographic area. This ban reflects the state's recognition of the public interest in patient access to medical care and the harm that physician non-competes can cause to communities.
2025 Update — Extended to Advanced Practice Registered Nurses
In 2025, New Hampshire expanded its healthcare non-compete protections. The same protections that have long applied to physicians — voiding any non-compete that prohibits a physician from practicing medicine in any geographic area — were extended to cover advanced practice registered nurses (APRNs).
✅ If you are an advanced practice registered nurse (APRN) in New Hampshire, your non-compete agreement is now void and unenforceable under the 2025 legislative update. This is a significant new protection for a large category of healthcare workers in the state.
Pending Legislation — HB1188
New Hampshire House Bill 1188, pending as of May 2026, would prohibit non-compete agreements with employees earning an hourly rate of less than or equal to 500% of the federal minimum wage. At the current federal minimum wage of $7.25 per hour, this would protect workers earning up to $36.25 per hour or approximately $75,000 per year. This bill has not yet been enacted — the current salary threshold tied to the federal minimum wage still applies.
📋 Note: If HB1188 passes, it would significantly expand the number of New Hampshire workers protected from non-compete enforcement. Check with an employment attorney for the current status of this legislation.
For Higher-Earning Non-Healthcare Employees
For employees above the salary threshold who do not work in healthcare, New Hampshire courts apply a reasonableness standard. Non-competes must protect a legitimate business interest and be reasonable in duration, geographic scope, and scope of restricted activities. Courts will evaluate all circumstances and consider the hardship imposed on the employee.