Revision: Feb. 20, 2026, 3:35 p.m.
Rep. Schultz, Merr. 29
Rep. B. Sullivan, Sull. 1
February 9, 2026
2026-0612h
07/05
Amendment to HB 1188
Amend RSA 275:70-a, I and II as inserted by section 1 of the bill by replacing it with the following:
I. In this section:
(a) "Employer" shall have the same meaning as in RSA 279:1, XI.
(b) "[Low-wage] Qualifying employee" means an employee who earns an hourly rate less than or equal to [200] 500 percent of the federal minimum [wage] hourly wage or salary equivalent.
(c) "Noncompete agreement" means an agreement between an employer and a [low-wage] qualifying employee that restricts such [low-wage] qualifying employee from performing:
(1) Work for another employer for a specified period of time;
(2) Work in a specified geographical area; or
(3) Work for another employer that is similar to such [low-wage] qualifying employee's work for the employer who is a party to the agreement.
II.(a) No employer shall require a [low-wage] qualifying employee to enter into a noncompete agreement.
(b) A noncompete agreement entered into between an employer and a [low-wage] qualifying employee shall be void and unenforceable.
(c) No employer shall require any employee to enter into an agreement that restricts the employee from working for another employer for longer than 12 months following termination of employment.
2026-0612h
AMENDED ANALYSIS
This bill expands restrictions on the use of non-compete agreements for lower-income workers. The bill also prohibits agreements that restrict any employee from working for another employer for longer than 12 months following termination of employment.