Original research · LegiScan + state statutes / L&I / DOL FAQs · As of September 18, 2026 · Distinct from tip-credit by state and paid sick leave employer-size thresholds · Not legal advice
Where is a noncompete dead (or wage-gated) for salon, cleaning, landscaping, and food-service hires? As of this as-of date, 5 jurisdictions treat ordinary employment noncompetes as near-total bans, 12 use wage or classification gates that void them for typical low- and mid-wage service workers, and the rest remain generally reasonableness-based. Scenario check: an $18/hr stylist (~$37,440/yr) is void in ban states and under every listed wage gate except New Hampshire’s current $14.50/hr floor — where HB1188 would expand protections if enacted.
Key findings
- Ban baseline (current law): California (BPC §16600), Minnesota (§181.988), North Dakota (§9-08-06), Oklahoma (15 O.S. §217), and Wyoming (W.S. §1-23-108 for new agreements after 2025-07-01) make ordinary employment noncompetes generally unavailable — with narrow sale-of-business / partner / executive-style exceptions that do not rescue a typical stylist or cleaner hire.
- Wage / criteria gates: Colorado ($130,014), D.C. ($162,164), Illinois ($75,000), Maine ($63,840), Maryland (~150% of applicable min. wage), Massachusetts (FLSA-exempt + garden leave), Nevada (hourly workers), New Hampshire (≤$14.50/hr), Oregon ($119,541), Rhode Island ($39,900 / OT-eligible), Virginia (~$78,365 AWW / OT-eligible), and Washington ($126,858.83 in 2026) void noncompetes below published floors or classification tests.
- Rhode Island S2160 is engrossed, not law: Senate passed 2026-03-31; referred to House Labor 2026-04-01. Text would largely ban employee noncompetes (sale-of-business exception) with a proposed 2027-01-01 effective date. Until signed and chaptered, RI’s current low-wage / OT rules in ch. 28-59 control.
- Washington is mid-transition: L&I’s 2026 employee threshold is $126,858.83 (RCW 49.62; WSR 25-20-099). ESHB 1155 (Ch. 149 L 26), signed 2026-03-23, imposes a near-total ban effective 2027-06-30.
- Service frame ≠ physician stories: This page prioritizes salon / cleaning / landscaping / food-service wage reality. Specialty healthcare noncompete bills are out of scope except as footnotes.
Illustrative $18/hr stylist (RI / NH / CA / MN)
Assumptions: $18.00/hour W-2 stylist, ~2,080 hours/year ≈ $37,440 annualized earnings, typically non-exempt. Results below are threshold / ban screens only — not a prediction of litigation outcomes.
- California / Minnesota: Employment noncompete is void under current ban statutes.
- Rhode Island (current law): Void — under the 2026 low-wage figure ($39,900) and typically as overtime-eligible under ch. 28-59. S2160 is not yet law.
- New Hampshire (current law): RSA 275:70-a only voids agreements for workers ≤ 200% of federal minimum wage ($14.50/hr). An $18/hr stylist is above that floor, so the wage statute alone does not void the covenant; reasonableness and other defenses may still apply. HB1188 (pending) would expand low-wage coverage if enacted.
Rhode Island S2160 status (verified)
LegiScan bill_id 2084262: status Engrossed (status_date 2026-03-31). Senate read and passed; referred to House Labor (2026-04-01). Official PDF states the act would take effect January 1, 2027 if enacted. Engrossed ≠ signed ≠ chaptered. Operators should still apply today’s low-wage / OT rules in R.I. Gen. Laws ch. 28-59 until a chaptered effective date exists.
Primary trackers: LegiScan RI S2160 · Senate text PDF.
State table (featured regimes + watch states)
Full 51-row CSV download includes every state/DC with the same high-level taxonomy. Featured rows below cover bans, wage gates, and 2025–2026 watch bills most relevant to service employers.
| State | Bucket | Regime | Threshold / rule | $18/hr stylist screen | 2025–2026 bill watch | Cite |
|---|---|---|---|---|---|---|
| California (CA) | ban | Near-total employment noncompete ban | Void in employment context (narrow sale-of-business / partnership exceptions) | Void under BPC §16600 (employment noncompete) | — | Cal. Bus. & Prof. Code §16600 et seq. |
| Minnesota (MN) | ban | Near-total employment noncompete ban | Void; sale-of-business / trade-secret tools still available | Void under Minn. Stat. §181.988 | — | Minn. Stat. §181.988 |
| North Dakota (ND) | ban | Near-total employment noncompete ban | Contracts restraining lawful profession generally void (statutory exceptions) | Generally void under N.D.C.C. §9-08-06 | — | N.D.C.C. §9-08-06 |
| Oklahoma (OK) | ban | Near-total employment noncompete ban | Contracts restraining trade generally void (statutory exceptions) | Generally void under 15 O.S. §217 | — | 15 O.S. §217 |
| Wyoming (WY) | ban | New noncompetes generally void (2025) | W.S. 1-23-108: new noncompetes generally void; exceptions include business sale, trade secrets, qualifying repayment, executive/management | New ordinary-employee noncompete generally void (eff. 2025-07-01); pre-effective contracts may differ | SF0107 / Enrolled Act 87 (2025) — effective 2025-07-01 | W.S. §1-23-108 (SF0107, 2025) |
| Colorado (CO) | wage gated | Highly compensated worker threshold | Noncompete only if earnings ≥ $130,014 (2026 highly compensated threshold); nonsolicit ≥ $78,008.40 | Void — far below $130,014 highly compensated threshold | — | C.R.S. §8-2-113; 2026 highly compensated amount $130,014 |
| District of Columbia (DC) | wage gated | DOES compensation threshold | Noncompete banned below DOES threshold: $162,164 (2026 general) | Void — below $162,164 DOES threshold | — | D.C. Code §32-581.01 et seq.; DOES 2026 threshold $162,164 |
| Illinois (IL) | wage gated | Freedom to Work Act salary floors | Noncompete requires ≥ $75,000 earnings (2026); nonsolicit ≥ $45,000; plus notice/consideration rules | Void — below $75,000 noncompete floor | — | 820 ILCS 90/ (Illinois Freedom to Work Act) |
| Maine (ME) | wage gated | ≤400% federal poverty level ban | Noncompete prohibited if wages ≤ 400% FPL → $63,840 (2026) | Void — $18/hr annualized well under $63,840 | — | 26 M.R.S. §599-A; 2026 FPL-based figure $63,840 |
| Maryland (MD) | wage gated | <150% of applicable minimum wage | Noncompete void if earnings < 150% of applicable min. wage → ~$49,920/yr at $15→$16 state MW path (2026); county MW may raise floor | Void — $18/hr is under 150% of state MW ($22.50–$24/hr equivalent) | — | Md. Code, Lab. & Empl. §3-716 |
| Massachusetts (MA) | wage gated | FLSA-exempt + garden leave / consideration | Noncompete generally limited to FLSA-exempt employees meeting salary-basis tests; garden leave or other mutually agreed consideration required | Typically void / unavailable — hourly salon stylist is usually non-exempt | — | M.G.L. c.149 §24L |
| Nevada (NV) | wage gated | Hourly employees protected | Noncompete restrictions focus on hourly (non-salaried) employees — hourly workers generally cannot be bound | Void for typical hourly stylist (not paid on salary basis) | — | NRS 613.195 |
| New Hampshire (NH) | wage gated | ≤200% federal minimum wage (hourly) | Noncompete void for 'low-wage employee' earning ≤ 200% federal MW (= $14.50/hr while FMW is $7.25; ~$30,160 annualized) | NOT void solely on wage floor — $18/hr > $14.50/hr; reasonableness / other defenses may still apply | HB1188 (2026) — low-wage noncompete expansion; Introduced; majority committee ITL report 2026-02-10 — not enacted as of as-of date | RSA 275:70-a |
| Oregon (OR) | wage gated | BOLI annual income floor | Noncompete void unless employee income at termination exceeds BOLI amount: $119,541 (2026) | Void — far below $119,541 | — | ORS 653.295; BOLI 2026 threshold $119,541 |
| Rhode Island (RI) | wage gated | Low-wage employee ban (250% FPL) — current law | Noncompete void for low-wage employee: avg annual earnings < 250% FPL → $39,900 (2026). Also bars overtime-eligible workers regardless of pay. | Void under current law — ~$37,440 < $39,900 and typically OT-eligible | S2160 (2026) — Engrossed Senate 2026-03-31; referred House Labor 2026-04-01; would largely ban employee noncompetes (sale-of-business exception) with proposed 2027-01-01 effective date — NOT law unless signed | R.I. Gen. Laws §§28-59-1 to 28-59-3; 2026 low-wage figure $39,900 |
| Virginia (VA) | wage gated | Below average weekly wage / OT-eligible | Noncompete void for low-wage employees: avg weekly earnings < VA average weekly wage ($1,507.01 → ~$78,364.52/yr in 2026) OR OT-eligible under FLSA | Void — OT-eligible / earnings under statewide average weekly wage | — | Va. Code §40.1-28.7:8; 2026 AWW $1,507.01 |
| Washington (WA) | wage gated | L&I earnings threshold (ban starts 2027) | 2026: employee noncompete void unless earnings > $126,858.83 (IC > $317,147.09). Near-total ban effective 2027-06-30 (ESHB 1155 / Ch. 149 L 26). | Void under 2026 threshold — far below $126,858.83 | ESHB 1155 — Governor signed 2026-03-23; Chapter 149, 2026 Laws; effective 2027-06-30 (near-total ban) | RCW 49.62; WA L&I 2026 thresholds; ESHB 1155 / Ch.149 L26 |
| Hawaii (HI) | generally enforceable | Tech-business ban only (current); restaurant/retail pending | HRS §480-4(d) voids noncompete/nonsolicit for technology-business employees. Restaurant/retail still generally reasonableness-based unless SB1161 enacted. | No statewide service-worker wage ban today — reasonableness / other defenses; SB1161 would add restaurant/retail if enacted | SB1161 (carryover) — would extend noncompete/nonsolicit ban to restaurant & retail; Introduced / referred; not enacted as of as-of date | HRS §480-4(d); LegiScan HI SB1161 |
| Connecticut (CT) | generally enforceable | Common-law reasonableness (+ physician specialty rules) | No general low-wage dollar floor statewide; reasonableness / consideration doctrines apply | No automatic wage-void statute — enforceability fact-specific (not advice) | HB05492 (2026) — limitations on noncompete/exclusivity; Joint Favorable / House calendar File 393 as of early Apr 2026 — not enacted as of as-of date | Common law; LegiScan CT HB05492 |
| New York (NY) | generally enforceable | Common-law reasonableness | No statewide low-wage noncompete ban enacted; reasonableness factors apply | No automatic wage-void statute statewide | A02456 (2025) — low-wage covenant ban proposal; referred Labor — not enacted | Common law; LegiScan NY A02456 |
| Michigan (MI) | generally enforceable | Statutory reasonableness (ANTITRUST §4a) | MCL 445.774a allows reasonable noncompetes with protectable interest — no general low-wage floor | No automatic wage-void statute | HB4040 (2025) — would tighten noncompete conditions; Introduced / Economic Competitiveness — not enacted | MCL 445.774a; LegiScan MI HB4040 |
| Florida (FL) | generally enforceable | Enforceable with enhanced track above county mean wage | No low-wage void floor. Enhanced enforceability path for 'covered employees' earning > 2× county annual mean wage (CHOOSE Act / related 2025–2026 reforms) | No automatic void for low wage — different from ban/threshold states | — | Fla. statutes on restrictive covenants / CHOICE Act materials (verify enrolled text) |
| Louisiana (LA) | generally enforceable | Generally enforceable with limits | Reasonableness / statutory limits; 2026 Act 150 targets interns/apprentices noncompetes | No general low-wage void floor for ordinary employees | HB315 — Passed / Act 150; effective 2026-08-01 (interns & apprentices) | La. R.S. (noncompete chapter); Act 150 (2026) |
2025–2026 bill watch (service-relevant)
- RI S2160 — Engrossed; House Labor; proposed ban + 2027-01-01 effective date — not law.
- NH HB1188 — Low-wage noncompete expansion; Introduced; majority ITL committee report — not enacted.
- CT HB05492 — Limitations on noncompetes / exclusivity; Joint Favorable / House File 393 path — not enacted as of as-of date.
- HI SB1161 — Would extend HRS §480-4(d) beyond technology businesses to restaurant & retail — carryover / referred — not enacted.
- WA ESHB 1155 — Enacted (Ch. 149 L 26); near-total ban effective 2027-06-30 (wage gate still controls until then).
- LA HB315 / Act 150 — Enacted; interns & apprentices focus; effective 2026-08-01.
- NY A02456 / MI HB4040 — Pending low-wage / condition bills — proposed ≠ law.
Distinct from our tip-credit by state wage page and paid sick leave employer-size thresholds. Related labor legislation trackers: workers-comp threshold bills · sales-tax-on-services bills. Industry hubs: hair salon · cleaning industry statistics · food truck.
Downloads
- CSV — all states/DC (ban / wage-gated / generally enforceable + bill watch)
- Map PNG
- Threshold comparison chart PNG
Methods, fences, and limits
- As-of date: 2026-09-18 (America/New_York). Thresholds indexed to FPL, CPI-W, AWW, BOLI, DOES, or CDLE change — re-check primary sources before relying on a dollar figure.
- Sources: LegiScan
getBillfor RI S2160, NH HB1188, CT HB05492, HI SB1161, WA ESHB 1155, LA HB315; official statutes / L&I / legislature PDFs for current-law floors. Law-firm 2026 roundups used only as leads, then verified against primary cites above. - Proposed ≠ law. Engrossed / enrolled / filed ≠ signed. Passed ≠ in force without the statute’s effective date.
- Not legal advice. Map buckets are high-level screens for service employers, not enforceability opinions. Non-solicit, NDA, garden leave, sale-of-business, and choice-of-law issues are out of scope.
- Specialty carve-outs omitted (physicians, architects, broadcasters, etc.) except where they would confuse a service-hire table.
- FTC federal noncompete rule remains blocked / litigated — state law controls this page.
- LegiScan data © LegiScan LLC, CC BY 4.0 — cite LegiScan + state legislature.
Built for salon, booth-rental, cleaning, landscaping, and food-service operators who need a wage-threshold map — not another physician-only roundup.