[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-282134-105":3,"detail-sidebar-cat-1-en-105":85,"doc-detail-282134-en":131},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":78,"head_meta":80,"extra_data":82,"updated_unix":84},105,"en","non-compete-agreements-in-colorado-a-new-era","Non-Compete Agreements in Colorado - A New Era","","Non-compete agreements in Colorado remain a persistent and contentious issue for employers and workers, intensified by major amendments effective August 10, 2022. The article surveys the statute’s current scope, including enforceability limits, new criminal and civil penalties, and how courts may evaluate restrictions. It explains key types of restrictive covenants, the narrowed exceptions, notice requirements, and practical considerations for both parties, including salary thresholds for “highly compensated” workers and limits on out-of-state adjudication.",{"@graph":14,"@context":77},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/template/","Template",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/template/letters/","Letters",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/template/non-compete-agreements-in-colorado-a-new-era/282134/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/non-compete-agreements-in-colorado-a-new-era/282134.png","ImageObject",442,249,{"name":42,"@type":43},"Maeve","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-10-19","2026-09-16",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",10,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69,73],{"name":60,"@type":61,"acceptedAnswer":62},"What recent changes affect the enforceability of Colorado non-compete agreements?","Question",{"text":63,"@type":64},"Extensive amendments to Colorado’s non-compete statute took effect August 10, 2022 and introduced new criminal and civil penalties. These changes significantly limit enforceability of non-compete and certain post-termination restrictions for workers primarily living and working in Colorado.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"What restrictions do Colorado non-compete agreements commonly include?",{"text":68,"@type":64},"Colorado non-competes often include broader restrictive covenants such as barring work for a competitor for a set time, restricting solicitation of other employees, or limiting disclosure of a former employer’s proprietary information.",{"name":70,"@type":61,"acceptedAnswer":71},"When can a non-compete or non-solicitation agreement be enforced in Colorado?",{"text":72,"@type":64},"Generally, agreements are void unless they meet narrow exceptions. Enforcement is tied to “highly compensated” thresholds and specific grounds such as trade secret protection and reasonable scope requirements.",{"name":74,"@type":61,"acceptedAnswer":75},"What notice must employers provide under the amended statute?",{"text":76,"@type":64},"The statute voids a non-compete if the employer fails to give proper notice plus a summary of the restrictive terms. For prospective workers, notice must be provided before the applicant accepts an employment offer.","https://schema.org",{"og:url":32,"og:type":79,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":81,"canonical":32},"index,follow",{"doc_id":83,"site_id":7},282134,1790289540,{"code":4,"msg":86,"data":87},"success",[88,93,98,103,108,113,118,122,127],{"id":89,"doc_module":22,"doc_module_name":25,"category_name":90,"show_sort_weight":91,"slug":92},11,"Presentations",90,"presentations",{"id":94,"doc_module":22,"doc_module_name":25,"category_name":95,"show_sort_weight":96,"slug":97},12,"Resumes",80,"resumes",{"id":99,"doc_module":22,"doc_module_name":25,"category_name":100,"show_sort_weight":101,"slug":102},14,"Invoices",70,"invoices",{"id":104,"doc_module":22,"doc_module_name":25,"category_name":105,"show_sort_weight":106,"slug":107},15,"Posters",60,"posters",{"id":109,"doc_module":22,"doc_module_name":25,"category_name":110,"show_sort_weight":111,"slug":112},16,"Social Media",50,"social-media",{"id":114,"doc_module":22,"doc_module_name":25,"category_name":115,"show_sort_weight":116,"slug":117},17,"Forms",40,"forms",{"id":119,"doc_module":22,"doc_module_name":25,"category_name":29,"show_sort_weight":120,"slug":121},18,30,"letters",{"id":123,"doc_module":22,"doc_module_name":25,"category_name":124,"show_sort_weight":125,"slug":126},21,"Paper Templates",5,"papers-templates",{"id":128,"doc_module":22,"doc_module_name":25,"category_name":129,"show_sort_weight":4,"slug":130},158,"General","general-158",{"code":4,"msg":86,"data":132},{"doc_id":83,"user_id":133,"nickname":42,"user_avatar":134,"doc_module":22,"category_id":119,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":140,"language":141,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":12,"update_tm":145,"read_time":26},5909877438554,"https://ap-avatar.wpscdn.com/avatar/5600025385ad2bf12a7?_k=1778553567797529272","Non-Compete Agreementsin Colorado  \nA New Era  \nBY KATHERINE M . L . PRATT,  \nADAM P. O ’ BRIEN ,  \nAND CH ELSIE L . SMITH  \nThis article discusses the current scope of the non-compete statute and enforceability of non-compete agreements. It also provides related considerations for both workers and employers.  \nT  \nhe use of non-compete agreements by employers in Colorado is aperennial and thorny issue for Colorado employers and employees—and  \nthe lawyers who represent them. Extensive amendments to the non-compete statute, including new criminal and civil penalties, have complicated the playing field even more. Many unanswered questions remain regarding how courts will evaluate non-compete agreementsand enforce related criminal and civil penalties in light of the recent amendments, which became effective August 10, 2022. This article providesan overview of Colorado’s non-compete statute and offers practical tips for employers and employees considering a non-compete agreement.  \nTypes of Non-Compete Agreements  \nColorado has long prohibited most agreements restricting an employee’s ability to engage in any lawful occupation and receive compensation for work performed.1 Colloquially, these agreements are known as “non-competes,” though they often include one or more broader restrictive covenants that (1) prevent a former employee from working for a competitor for a particular amount of time; (2) prevent a departing employee from soliciting other employees to join them in moving to a competitor; or (3) prevent employees from disclosing a former employer’s proprietary information.  \nState law typically governs non-competes. The question of which state’s law applies is ordinarily governed by the law of the state where the restraint will be imposed—usually the state where the employee primarily lives and works. Policy considerations surrounding non-competes include the state’s public policy protecting the mobility of its workers, the nature of the former employer’s business interests, whether a specific amount of consideration  \nwas given for the restriction, and the scope of the restrictions. Restrictions tailored for both duration and geography are viewed more favorably by courts. In general, non-compete agreements are void under Colorado law, with limited exceptions.  \nThe amended non-compete statute significantly limits the enforceability of non-compete agreements and post-termination restrictions that apply to workers primarily working and living in Colorado. Under the recent amendments, ifa worker primarily resides and works in Colorado as of the date of their termination, thenon-compete or non-solicitation agreement cannot require adjudication of the enforceability of such agreement outside of Colorado.2  \nAdditionally, while the statute does not explicitly address independent contractors, the amended statute protects “workers” instead of“employees.”3 As a result, the amended statute likely will apply to independent contractors, consultants, and other individuals who perform work for another.  \nSummary of Colorado’s Non-Compete Statute  \nColorado law makes it unlawful “to use force, threats, or other means of intimidation to prevent any person from engaging in any lawful occupation at any place he sees fit.”4 With a few exceptions, Colorado non-compete and non-solicitation agreements are now generally void unless they apply to “highly compensated”employees who meet certain salary requirements, are for the protection of trade secrets, and are not broader than reasonably necessary for the protection of trade secrets.5 This replaces the provision in the statute that previously allowed non-competes for executive and management personnel and their professional staff (with no compensation restriction) .  \nThe salary thresholds for“highly compensated”workers are set by Colorado’s Department of Labor, increasing proportionately for inflation. Anon-compete agreement can only beenforced against a worker who earns at least $101,250 ann","cbCaidpwWWlKLden","https://ap.wps.com/l/cbCaidpwWWlKLden","pdf",154420,6,"English","# Types of Non-Compete Agreements\n# Summary of Colorado’s Non-Compete Statute\n# Allowed Covenants and Narrow Exceptions\n# Notice Requirement","[{\"question\":\"What recent changes affect the enforceability of Colorado non-compete agreements?\",\"answer\":\"Extensive amendments to Colorado’s non-compete statute took effect August 10, 2022 and introduced new criminal and civil penalties. These changes significantly limit enforceability of non-compete and certain post-termination restrictions for workers primarily living and working in Colorado.\"},{\"question\":\"What restrictions do Colorado non-compete agreements commonly include?\",\"answer\":\"Colorado non-competes often include broader restrictive covenants such as barring work for a competitor for a set time, restricting solicitation of other employees, or limiting disclosure of a former employer’s proprietary information.\"},{\"question\":\"When can a non-compete or non-solicitation agreement be enforced in Colorado?\",\"answer\":\"Generally, agreements are void unless they meet narrow exceptions. Enforcement is tied to “highly compensated” thresholds and specific grounds such as trade secret protection and reasonable scope requirements.\"},{\"question\":\"What notice must employers provide under the amended statute?\",\"answer\":\"The statute voids a non-compete if the employer fails to give proper notice plus a summary of the restrictive terms. For prospective workers, notice must be provided before the applicant accepts an employment offer.\"}]","Non-Compete Agreements in Colorado - A New Era | PDF",1789570381]