New Hampshire non-compete law: RSA 275:70 for recruiters

New Hampshire has no general ban on non-competes. As of October 2026, the state's rules come in three layers: a timing rule in RSA 275:70 that makes a non-compete unenforceable against a new hire who did not get a copy before accepting the offer; a ban in RSA 275:70-a for employees earning $14.50 an hour or less; and a set of health care statutes that void restrictions on where or how long physicians, nurses, podiatrists, advanced practice registered nurses and physician associates may practice. Everything else is judged by courts for reasonableness. For a recruiter, the key facts are when the candidate first saw the agreement, how they are paid and whether their job is a licensed clinical one.

The general screen is in non-compete questions for candidates, the agency-side clauses are in non-solicitation clauses for recruiters, and the state's other hiring rules are in hiring employees in New Hampshire.

What does RSA 275:70 require?

The rule is short. An employer "who requires an employee who has not previously been employed by the employer to execute a noncompete agreement as a condition of employment shall provide a copy of such agreement to the potential employee prior to the employee's acceptance of an offer of employment." A non-compete that was not disclosed that way "shall not be enforceable against the employee." The same sentence keeps every other provision in force: confidentiality, nondisclosure, trade secret and intellectual property assignment terms all survive.

Three points follow. The rule applies to people the employer has not employed before, so a rehire may fall outside it. It is about a copy of the agreement, not a description of it. And it only removes the non-compete, so a candidate whose non-compete fails on timing may still be bound by a customer non-solicit or a confidentiality clause in the same document. The section dates from 2012 and was last amended in 2014.

Who is protected outright?

The federal minimum wage is $7.25 an hour, so the low-wage line is $14.50 an hour (our arithmetic). The statute measures the hourly rate, and it defines a non-compete broadly: any agreement restricting work for another employer for a period, work in an area, or similar work for another employer.

Each health care statute applies to new contracts or renewals entered into on or after its effective date, so a physician associate who signed in 2024 and has not renewed is under the old rules. Each also reaches more than employment: the nurse statute, for example, covers a "partnership, employment, or any other form of professional relationship," wording wide enough that a health care staffing firm's own contracts with clinicians are worth showing to counsel.

How do New Hampshire courts judge the rest?

For everyone the statutes do not cover, the test is reasonableness. The federal court in New Hampshire summarized the state's law in Powers v. Northern Lights Landscape Contractor (2014 DNH 144), citing New Hampshire Supreme Court decisions: the state's public policy "discourages covenants not to compete," they are "narrowly construed," and a restraint must meet all three criteria:

1. it is no greater than necessary to protect the employer's legitimate interest;
2. it does not impose undue hardship on the employee; and
3. it is not contrary to the public interest.

The same opinion notes that a court "has the power - under certain circumstances - to 'reform'" a covenant that is too broad, citing Merrimack Valley Wood Products v. Near (2005) and Technical Aid Corp. v. Allen (1991). So an overbroad New Hampshire non-compete is not automatically dead, as it would be in a state that refuses to rewrite agreements. Whether reform is available in a particular case depends on facts a recruiter will not have.

An example of how the layers combine

Example only. Three candidates for the same Manchester role each say they have a one-year non-compete:

• A salaried account manager who received the agreement with the written offer and signed it before accepting. RSA 275:70 is met, the low-wage ban does not apply, and the question is the three-part reasonableness test.
• An hourly coordinator paid $14 an hour. RSA 275:70-a makes the non-compete void regardless of timing.
• A physician associate who signed in 2023 and renewed in August 2026. The renewal falls after RSA 328-D:20 took effect on July 7, 2026, so the practice restriction in the renewed contract is the part counsel will look at first.

Same clause, three different answers. The recruiter's job is to capture the timing, pay basis and license accurately so counsel can tell which layer applies.

What is the risk to the hiring company?

A former employer that cannot rely on a non-compete may still sue over trade secrets under New Hampshire's Uniform Trade Secrets Act, RSA 350-B, or over a customer non-solicit or confidentiality clause that RSA 275:70 left intact. That is why a timing defect in the non-compete is not the end of the conversation, and why "bring nothing with you" belongs in every screen.

What should a recruiter ask a New Hampshire candidate?

NEW HAMPSHIRE 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. "Did you get a copy of it before you accepted the offer, or only
    after (for example, on your first day)?"
3. "Had you worked for that employer before, or was it a new job?"
4. "Is the role hourly, and is your work licensed clinical work:
    physician, nurse, APRN, physician associate or podiatrist?"
5. "When did you sign it, and has it been renewed since?"
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."

• Question 4 asks whether the role is hourly, not what the candidate earns. The low-wage line is about the hourly rate; leave the number to counsel and the paperwork.
• Do not tell a candidate the agreement is void because they signed it on day one. Pass the timing on.
• Do not tell a nurse their whole agreement is void. The health care statutes void the practice restriction only.

When your client is the New Hampshire employer

The practical rule for a client that wants a non-compete is to send the agreement with the offer, not after it. A new hire who accepts verbally and receives the non-compete in the onboarding packet has a strong RSA 275:70 argument. Hourly roles at or below $14.50 should not carry one at all, and clinical roles covered by the health care statutes should not carry a practice restriction. The offer call script is the place to confirm the candidate has the document before saying yes.

Agencies have a separate question about their own paperwork. Licensing for the firm is covered in the New Hampshire staffing agency license guide, and Maine's no-poach rule, relevant to firms working both sides of the border, is on the Maine non-compete page.

Is there a federal rule on top of New Hampshire's?

No. The FTC's 2024 rule was set aside in court; the Commission voted on September 5, 2025 to accept the vacatur, and a February 12, 2026 notice removed it from the Code of Federal Regulations. New Hampshire law governs, as of October 2026; compare the Massachusetts page for the neighboring state.

New Hampshire checklist

• Restrictive-agreement question asked of every candidate for the role, in the same words.
• Recorded: when the candidate first got a copy, whether they were a new hire, signing and renewal dates.
• Hourly roles and licensed clinical roles flagged for the statutory bans.
• Non-solicit and confidentiality terms noted separately; they can survive when the non-compete does not.
• No opinion given on enforceability or reform; the candidate pointed to their own lawyer.
• Client's non-compete sent with the offer, before acceptance.
• Statutes re-checked on the General Court's site before relying on this page; the health care list grew in 2025 and 2026.