Rhode Island's Noncompetition Agreement Act, R.I.
Gen.
Laws § 28-59-3(a), makes a noncompetition agreement unenforceable against four categories of workers: FLSA-nonexempt employees, students in a short-term or internship relationship, employees eighteen or younger, and low-wage employees, defined by § 28-59-2(7) as earning no more than 250% of the federal poverty level.
A separate statute, § 5-37-33, voids non-competes only for physicians licensed under Title 5, Chapter 37 — not veterinarians.
Both statutes were enacted in 2019 and 2016.
This page does not state a duration cap or a court-modification rule.
Mechanics, not a verdict on your contract
At a glance
Permitted only within statutory limits
State statute — R.I. Gen. Laws § 28-59-3(a) (Rhode Island Noncompetition Agreement Act); § 5-37-33 is a separate, physician-only statute that does not reach veterinarians.
Healthcare statute reaches veterinarians: No — the healthcare statute's own definitions leave veterinarians out.
R.I. Gen. Laws § 28-59-3(a) makes a noncompetition agreement unenforceable against four categories of workers: employees classified as nonexempt under the federal Fair Labor Standards Act, undergraduate or graduate students in an internship or other short-term employment relationship, employees age eighteen or younger, and 'low-wage employees' as the Act defines the term.
No. Section 5-37-33 voids covenants only for a physician licensed to practice medicine under Title 5, Chapter 37. Veterinarians are licensed under a different title and chapter and are not named anywhere in the statute's text.
Section 28-59-2(7) defines a 'low-wage employee' — the wage-based exemption category under § 28-59-3(a) — as an employee whose average annual earnings are not more than 250% of the federal poverty level for individuals, as set by the U.S. Department of Health and Human Services. The statute states only that formula; this page does not publish the calculated dollar figure some sources cite, because the sources read flag it as an agent computation from an external, annually-updated guideline, not an officially published Rhode Island number.
Not stated in the sources read.
Not stated in the sources read.
The general Act excludes a covenant made in connection with selling a business entity or an ownership interest — where the restricted party is a significant owner receiving significant consideration — from its own definition of 'noncompetition agreement' (§ 28-59-2(8)(iii)). The sources read do not state what law then governs that covenant.
The general Act excludes 'covenants not to solicit or hire employees' and 'covenants not to solicit or transact business with customers, clients, or vendors' from its own definition of 'noncompetition agreement' (§ 28-59-2(8)(i)-(ii)), so § 28-59-3's four-category exemption is not the provision that governs them.
Section 28-59-2 and § 28-59-3 were enacted by P.L. 2019, ch. 204, § 1 and P.L. 2019, ch. 264, § 1. Section 5-37-33 was enacted by P.L. 2016, ch. 449, § 1 and P.L. 2016, ch. 450, § 1. The sources read do not record a later amendment to either section.
“(1) An employee who is classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219; (2) Undergraduate or graduate students who participate in an internship or otherwise enter a short-term employment relationship with an employer, whether paid or unpaid, while enrolled at an educational institution; (3) Employees age eighteen (18) or younger; or (4) A low-wage employee.”
Section 28-59-3(a) does not run every non-compete through a reasonableness test; instead it makes a noncompetition agreement unenforceable against four defined categories of workers: employees classified as nonexempt under the federal Fair Labor Standards Act, undergraduate or graduate students in an internship or other short-term employment relationship, employees age eighteen or younger, and 'low-wage employees' as the Act defines the term.
An associate veterinarian reading an offer has to ask which of those four categories, if any, the position falls into — the statute's structure turns on classification, not on how long or how far the covenant reaches.
A veterinarian who falls outside all four categories is not named in this provision, and the sources read for this page do not state what test then applies to their covenant.
Subsection (b) adds that voiding a noncompetition agreement under this section does not void the rest of the contract, and does not stop a court from ordering a noncompetition restriction as a remedy for breaching a separate agreement or duty.
“(1) An employee who is classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219; (2) Undergraduate or graduate students who participate in an internship or otherwise enter a short-term employment relationship with an employer, whether paid or unpaid, while enrolled at an educational institution; (3) Employees age eighteen (18) or younger; or (4) A low-wage employee.”
Section 5-37-33(a) reaches a contract or agreement establishing a partnership, employment, or other professional relationship 'with a physician licensed to practice medicine pursuant to this chapter' — Title 5, Chapter 37 of the Rhode Island General Laws.
Veterinarians are licensed under a different title and chapter, and nothing in § 5-37-33's text names them.
A Rhode Island veterinarian's non-compete falls instead to the general Noncompetition Agreement Act, § 28-59, described above, not to this physician statute.
A headline describing Rhode Island's 'healthcare non-compete ban' is describing a physician's covenant, not a veterinarian's.
“with a physician licensed to practice medicine pursuant to this chapter that includes any restriction of the right of such physician to practice medicine shall be void and unenforceable...”
Section 28-59-2(7) defines 'low-wage employee' — the wage-based category among § 28-59-3(a)'s four exemptions — by a formula: average annual earnings not more than 250% of the federal poverty level for individuals, as the U.S. Department of Health and Human Services sets it. 'Earnings' here is a defined, narrower term: § 28-59-2(2) limits it to pay for the first forty hours of work in a week, not counting hours paid at an overtime, Sunday, or holiday rate.
The statute ties the figure to an external guideline that changes every year rather than stating a dollar amount itself, so this page does not publish a calculated number — the research behind it flags any such figure as an agent computation, not an official Rhode Island publication.
A veterinarian checking whether they qualify has to apply the current HHS guideline to their own § 28-59-2(2) earnings, not to their total pay or to a number quoted elsewhere.
“'Low-wage employee' means an employee whose average annual earnings, as defined in subsection (2), are not more than two hundred fifty percent (250%) of the federal poverty level for individuals as established by the United States Department of Health and Human Services federal poverty guidelines.”
The Noncompetition Agreement Act's own definition of 'noncompetition agreement' excludes an agreement made in connection with the sale of a business entity or all or substantially all of its operating assets, or with disposing of an ownership interest in it, where the restricted party is a significant owner, member, or partner who will receive significant consideration or benefit from the sale.
A covenant tied to a veterinarian buying into or selling out of a Rhode Island practice, structured that way, sits outside Chapter 28-59 altogether — a different question from the four worker categories the Act exempts, described above.
The sources read for this page do not state what other Rhode Island law, if any, governs the terms of that kind of covenant once it falls outside the Act.
The Noncompetition Agreement Act defines 'noncompetition agreement' to exclude, by its own terms, covenants not to solicit or hire employees of the employer and covenants not to solicit or transact business with customers, clients, or vendors of the employer.
Because those covenant types are carved out of the definition itself, § 28-59-3's exemption for nonexempt, student, minor, and low-wage workers is not the provision that governs them — they are simply not 'noncompetition agreements' under this chapter.
That leaves open what standard, if any, does govern a Rhode Island non-solicitation clause; the sources read for this page do not say.
An associate or relief veterinarian reading a client or staff non-solicitation clause is reading a different kind of provision from the one Chapter 28-59 regulates.
The research behind this page confirms which worker categories the general Act exempts, the formula behind its wage-based exemption, when each statute was enacted, and that a separate, physician-only statute governs physicians — but it does not establish a duration or geography cap for a Rhode Island veterinarian's non-compete outside those categories, or how a Rhode Island court treats an overbroad covenant.
Those gaps matter most for an associate weighing how long or how far a covenant reaches.
They are left blank here rather than filled from another state's rule or from memory — take the whole agreement to a Rhode Island attorney who handles veterinary employment contracts.
Have the agreement itself reviewed
The reasonableness test, what a radius is measured from, the access-to-care argument, and the difference between a non-compete and a non-solicitation clause are covered in the national guide to veterinary non-competes. This page covers only what is specific to Rhode Island.
No. R.I.
Gen.
Laws § 5-37-33 voids a non-compete only for a physician licensed to practice medicine under Title 5, Chapter 37 of the Rhode Island General Laws.
Veterinarians are licensed under a different title and chapter, and § 5-37-33 does not name them anywhere in its text.
A veterinarian's covenant is governed instead by the general Noncompetition Agreement Act, § 28-59.
Have a Rhode Island attorney who handles veterinary employment contracts confirm how that Act applies to your position.
Section 28-59-3(a) names four categories: employees classified as nonexempt under the federal Fair Labor Standards Act, undergraduate or graduate students in an internship or other short-term employment relationship, employees age eighteen or younger, and 'low-wage employees' as the Act defines the term.
A veterinarian's position may or may not fall into one of those categories.
This page does not classify any specific job for you — an attorney licensed in Rhode Island can tell you whether your pay and duties put you in any of those categories.
Yes, but the statute states it as a formula, not a fixed dollar figure.
Section 28-59-2(7) exempts a 'low-wage employee' — someone whose § 28-59-2(2) earnings, not total pay, do not exceed 250% of the federal poverty level for individuals, a figure the U.S. Department of Health and Human Services updates annually.
Section 28-59-2(2) itself excludes overtime, Sunday, and holiday pay.
This page does not publish a calculated dollar number, because the sources read flag any such figure as an estimate.
A Rhode Island attorney who handles veterinary employment contracts can apply the current guideline to your case.
The general Act's own definition of 'noncompetition agreement' excludes a covenant made in connection with selling a business entity, its assets, or an ownership interest, where the restricted party is a significant owner receiving significant consideration for the sale.
That means such a covenant sits outside Chapter 28-59 rather than being tested against the Act's four worker categories.
The sources read for this page do not state what law then governs it.
Before signing a buy-in or buy-out agreement, have a Rhode Island attorney who handles veterinary practice transactions review the covenant and the purchase agreement together.
No. The general Act's own definition of 'noncompetition agreement' excludes 'covenants not to solicit or hire employees' and 'covenants not to solicit or transact business with customers, clients, or vendors,' so § 28-59-3's four-category exemption does not apply to them — they are a different kind of provision.
The sources read for this page do not state what standard, if any, governs a Rhode Island non-solicitation clause instead.
Have an attorney licensed in Rhode Island review any non-solicitation language in your agreement separately from a non-compete clause.
Sources
Sourced from Rhode Island’s own statute or leading court decisions (see the citations above). Verified September 2026; the governing provision was last amended Section 28-59-2 and § 28-59-3 were enacted by P.L. 2019, ch. 204, § 1 and P.L. 2019, ch. 264, § 1. Section 5-37-33 was enacted by P.L. 2016, ch. 449, § 1 and P.L. 2016, ch. 450, § 1. The sources read do not record a later amendment to either section. This page is general information, not legal advice.