Before signing a nanny agreement, identify whether a clause protects information, limits contact with particular people or restricts where you can work next. Read the actual wording and ask for its boundaries in writing. A heading such as “confidentiality” does not explain every restriction hidden beneath it.
Do not assume a nationwide federal noncompete ban makes the question disappear. As checked on October 31, 2026, the FTC's official rule page states that its Noncompete Rule is not in effect and is not enforceable. State law and the specific agreement still need attention. This guide helps organize that review; it cannot decide whether your clause can be enforced.
Separate the three kinds of restriction
Confidentiality concerns information: what you may use, disclose or retain. In a household role, the wording may address family information, photographs, records or private communications. The practical question is what information is covered and what exceptions or permitted disclosures exist.
Nonsolicitation commonly concerns approaching specified clients, families or workers for a defined purpose. Read whether the text addresses actively approaching someone, accepting an approach from them, working with them, or all three. Those are different activities, even if the document gives them one label.
Noncompete or future-work restrictions concern taking other work or operating a competing business. Look for geographical boundaries, time periods and descriptions of prohibited employers or services. These plain-language distinctions are reading aids, not a legal classification of a clause. Broad wording can combine several kinds of restriction.
For example, “do not share the family's private records” addresses a different issue from “do not accept employment with any other family in this neighborhood.” The first sentence does not establish that the second is necessary, lawful or agreed.
Identify which agreement you are reading
A candidate agreement with a placement agency and an employment agreement with a family are distinct documents. Record the parties to each one. Ask whether the agency is describing its relationship with you, its separate commercial arrangement with the family, or a condition of your employment.
Do not assume an agency's fee agreement with a family automatically creates a debt or restriction for you. Equally, do not assume a document called a registration form contains only administrative information. Read incorporated policies, linked terms and any clause saying another document becomes part of the agreement.
Keep a complete dated copy, including attachments. If someone explains that a clause “only means” something narrower than its text, request revised wording for review. A reassuring conversation does not help you compare two contradictory written versions later.
Map the boundaries before seeking advice
Original clause-review worksheet: Copy the exact paragraph into a private document, then complete these fields without interpreting unanswered points in the other party's favor.
- Restricted action: What does the clause say you cannot do?
- People or organizations: Does it name one family, all introduced families, every agency client or an undefined group?
- Time: When does it start, how long does it last and what event ends it?
- Place: Is there a named area, a distance or no geographical limit?
- Trigger: Does it apply after resignation, dismissal, an introduction or signing, even if no placement happens?
- Consequences: What payment, legal-cost or other consequence does the document describe?
- Law and dispute terms: What jurisdiction and process does it name, and where will you actually work?
These fields make a legal consultation more specific. A blank answer is useful evidence of ambiguity; it is not permission to ignore the clause or proof that the clause is invalid.
Check current law without generalizing
Start with official guidance for the place where the work occurs and seek qualified advice when the agreement or parties cross state lines. A provision naming one state's law does not resolve every question about which protections apply. Avoid treating a search result about a different profession or state as a determination about household employment.
California illustrates why jurisdiction matters. The California Attorney General's worker alert describes employment noncompetes as generally void, with statutory exceptions, and explains restrictions on entering or trying to enforce void agreements. That does not establish the result for every confidentiality or nonsolicitation provision, nor does it describe every other state's rules.
The FTC page also contains text from the blocked rule below its status notice. Read the status first. A description of what a rule was intended to do is not evidence that its provisions currently govern your agreement.
Turn a vague clause into specific questions
Fictional example: Jordan receives an agency candidate agreement saying they must not “work with any introduced household for two years outside the agency.” No placement has happened. Jordan identifies three unanswered questions: what counts as an introduction, whether the wording includes a household that later makes direct contact, and whether the clause purports to apply if the agency never places Jordan.
Jordan's message is specific: “Please explain the intended scope of this paragraph and provide the complete terms it refers to. Does it cover accepting an unsolicited approach? When does the two-year period start? I would like time to review the wording before signing.” This requests clarity; it does not concede that the restriction is valid.
If the answer changes the arrangement, request an updated document and check that it replaces the earlier version. If the restriction could affect a planned job, a significant payment or your ability to earn a living, take the complete agreement to a lawyer or appropriate legal-aid service before relying on your own interpretation. Keep the decision tied to the actual wording, work location and facts.
Sources
- FTC: Noncompete Rule and current status, checked October 31, 2026.
- California Attorney General: Worker mobility consumer alert, October 15, 2024, reviewed October 31, 2026. California example only.