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Tuesday, October 6, 2026

Colorado Restricts Non Compete Agreements - The National Law Review

On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits except in the sale of business context and with “highly compensated” workers. The law also provides specific notice requirements and imposes costly penalties for non-compliance. The law’s requirements and penalties are not retroactive. The key requirements of the new law are as follows:

  • Non-Compete Covenants. Under Colorado’s new law, non-competes are only enforceable against “highly compensated” workers, which is defined as an individual earning at, or in excess of, $101,250. Non-competes are void and unenforceable against any worker earning less than $101,250. The earning threshold must exist at the time the covenant is entered into with the worker and at the time the employer seeks to enforce the covenant.

  • Non-Solicit Covenants. Generally, there are two types of non-solicit covenants; those prohibiting customer and/or client solicitation and those prohibiting employee solicitation. Under Colorado’s new law, customer non-solicitation covenants are only enforceable against workers who earn 60% of the “highly compensated” threshold. Currently, that amount is $60,750. Customer non-solicit covenants are void and unenforceable against any worker earning less than $60,750. The law does not reference specific limitations on employee...



Read Full Story: https://www.natlawreview.com/article/colorado-s-new-restrictive-covenant-law-...