Maine non-compete law: 26 M.R.S. 599-A for recruiters

Maine treats non-competes as contrary to public policy and allows them only when they are reasonable and no broader than necessary to protect trade secrets, confidential information or goodwill. Under 26 M.R.S. section 599-A, as of October 2026, an employer may not require or permit a non-compete with anyone earning at or below 400 percent of the federal poverty level, a veterinarian or (since July 29, 2026) a health care practitioner who has no ownership interest in the employer, and every non-compete needs notice before the offer and a copy three business days before signing. Maine also bans no-poach agreements between employers, which matters to staffing firms as much as to candidates.

The general screen is in non-compete questions for candidates; agency and client clauses are in non-solicitation clauses for recruiters.

When is a non-compete enforceable in Maine?

Subsection 2 says non-competes "are contrary to public policy and are enforceable only to the extent that they are reasonable and are no broader than necessary" to protect one or more of three interests: the employer's trade secrets (as defined in 10 M.R.S. section 1542), confidential information that is not a trade secret, or goodwill. A non-compete "may be presumed necessary" if the interest cannot be adequately protected by a non-solicitation, nondisclosure or confidentiality agreement instead. Since July 29, 2026, an enforceable non-compete with a health care practitioner must also recognize a person's right to choose their own health care practitioner.

The statute defines a non-compete as a contract or provision that stops an employee or prospective employee from working in the same or a similar profession, or in a specified area, for a time after employment ends. Customer non-solicits and confidentiality agreements are not called non-competes; they are the alternatives the statute measures a non-compete against.

Who cannot be asked to sign one?

The poverty level is defined as the nonfarm official poverty line for one person, revised annually, and the statute does not print a dollar amount. The 2026 HHS poverty guideline for one person in the 48 contiguous states is $15,960; four times that is $63,840 a year (our arithmetic). Treat that as a working figure and let counsel confirm it for a particular signing date.

"Health care practitioner" means anyone qualified or licensed under Maine law to provide health care services in the state, which is broader than doctors and nurses. The LD 2200 record shows the bill was signed on April 15, 2026 as Public Law chapter 718. It was not an emergency measure, so it took effect on July 29, 2026, the general effective date the Legislature's 2026 digest gives for the session that adjourned April 29, 2026. Its application section covers agreements entered into or renewed on or after that date.

What notice must the employer give?

• Before the offer. The employer "shall disclose prior to an offer of employment" that a non-compete will be required.
• Three business days to review. It must give a copy of the agreement "not less than 3 business days" before requiring it to be signed, so the person can review it and negotiate.
• A delayed start. Under subsection 5, a non-compete's terms do not take effect until after one year of employment or six months from signing, whichever is later. The current text exempts agreements with health care practitioners from that delay.

One drafting wrinkle: the Revisor's page marks subsection 5 as a "CONFLICT." A second version, from another 2026 law (PL 2025, c. 738), takes effect January 1, 2027 and exempts only allopathic and osteopathic physicians from the delay. Until the two are reconciled, ask counsel which text applies to a health care agreement.

An employer that violates the ban on certain workers or the notice rules "commits a civil violation for which a fine of not less than $5,000 may be adjudged," and the Maine Department of Labor enforces the section.

What does the no-poach ban mean for staffing firms?

Section 599-B is aimed at agreements between employers, not with workers. It defines a "restrictive employment agreement" as one between two or more employers, "including through a franchise agreement or a contractor and subcontractor agreement," that "prohibits or restricts one employer from soliciting or hiring another employer's employees or former employees." An employer may not enter into, enforce or threaten to enforce one, and the fine is not less than $5,000.

Staffing and search firms often put no-hire or conversion clauses in client agreements. Whether a given clause, such as a conversion fee rather than a flat ban on hiring, falls within 599-B is a question for your counsel, but a Maine client agreement is the place to ask it. Our placement fee agreement template and the Maine staffing agency license guide cover the rest of the agency paperwork.

What should a recruiter ask a Maine candidate?

Maine's salary history law limits pay questions, so do not ask about current pay to test the 400 percent threshold; see the Maine salary history ban guide. The facts counsel will want are about timing, role and ownership.

MAINE CANDIDATE: restrictive agreements

1. "Have you signed a non-compete, a customer non-solicit, or a
    confidentiality agreement with your current or a past employer?"
2. "Roughly when did you sign it, and when did you start the job?"
3. "Were you told before the offer that a non-compete was required,
    and how long did you have the agreement before signing?"
4. "Is your role licensed health care or veterinary work, and do you
    own any part of the practice or company?"
5. "Roughly what does it cover, and for how long after you leave?"
6. "Could the hiring company's lawyer see it, as far as it allows?"
Always: "We don't want any confidential information, documents or
client lists from your current employer."

• Do not tell the candidate the agreement fails because the notice was late. Pass the dates on.
• Do not count the one-year-or-six-months rule for the candidate; record the dates and let counsel apply it.
• Do not treat "I'm a nurse" as the end of the analysis. The 2026 ban turns on ownership and on when the agreement was signed or renewed.

When your client is the Maine employer

The notice rules change the order of a Maine hiring process. If the client wants a non-compete, the candidate must hear that before any offer, and the agreement must be in their hands at least three business days before signing. A same-day verbal offer with a non-compete attached at the start date does not fit. Health care and veterinary clients should check whether the role can carry a non-compete at all. The offer call script is where to confirm what has been disclosed.

Your firm can keep the client out of trouble by asking at intake whether a non-compete is part of the role and recording when the disclosure was made, since the notice timing is what a later dispute will turn on.

What is the risk to the hiring company?

The usual exposure for a new employer in any state is a claim that it induced a breach or received the former employer's confidential information. The trade secret definition 599-A relies on comes from Maine's Uniform Trade Secrets Act (10 M.R.S. section 1541 and following), which also gives a former employer its own claims for misappropriation. A candidate who brings documents creates risk that no non-compete analysis removes, which is why the "no confidential information" line belongs in every screen.

Is there a federal rule on top of Maine's?

No. The FTC's 2024 rule was blocked by a federal court; on September 5, 2025 the Commission voted to accept the vacatur, and a February 12, 2026 notice removed it from the Code of Federal Regulations. For neighboring rules, see the New Hampshire and Massachusetts pages.

Maine checklist

• Restrictive-agreement question asked of every candidate for the role, in the same words.
• Signing date, start date and notice timing recorded for every Maine agreement.
• Health care and veterinary roles flagged, with ownership noted.
• No pay questions asked to test the 400 percent threshold.
• Client told before the offer if it wants a non-compete: disclosure first, copy three business days ahead.
• Your own client agreements checked with counsel against the 599-B no-poach ban.
• Statute re-checked on the Revisor's site, including the subsection 5 conflict, before relying on this page.