Threshold regime

Non-compete enforceability in Maine

Void for employees earning ≤ 400% of federal poverty level. Mandatory 1-year-of-employment OR 6-months-from-signing waiting period before any non-compete takes effect.

What this means for you

Maine is a threshold state: a non-compete is void below a statutory income floor and only potentially enforceable above it — and even above the floor it must still be reasonable in time, geography, and scope.

Primary statute

26 Me. Rev. Stat. § 599-A

Primary verified

https://legislature.maine.gov/statutes/26/title26sec599-A.html

Effective: 2019-09-19
Research verified: 2026-05-08

Doctrine

Blue-pencil. Courts strike specific over-broad terms (duration, geography, scope) while preserving the enforceable core.

Salary / wage threshold

$62,600

2026 value

400% federal poverty level. 2026 FPL for individual ≈ $15,650 → 400% ≈ $62,600. ESTIMATE — re-verify against HHS 2026 FPL guidelines.

Gotchas

3-business-day notice required before signing.
Non-compete cannot take effect until later of (a) 1 year of employment, or (b) 6 months from signing.
Civil penalty ≥ $5,000 per violation; DOL-enforced.

Federal context

The FTC's 2024 federal non-compete ban was vacated nationwide in Ryan v. FTC and removed from the Code of Federal Regulations in February 2026. There is no federal ban in force — so Maine's state law controls. Read the federal status.

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