The new year brought with it a wide range of new laws, both on the state and federal level, regarding human resources topics such as restrictive covenants, wage laws, leave laws, and things like lactation protections and WARN act amendments. Here is a high-level list of some of the recent changes that may impact you and your work force.

Non-compete and non-disclosure laws

• Colorado’s new(ish) law
  • Colorado’s new law restricting noncompete agreements took effect on August 10, 2022. The law severely restricts the utilization of noncompete and non-solicitation agreements, except where they are required to protect trade secrets as specifically defined under state law.
  • Under the new law, noncompete agreements are unenforceable unless they are part of the sale of a business or involve an employee who earns more than $101,250 annually. Additionally, non-solicitation agreements are invalid unless they involve employees making more than $60,750 annually.
  • Colorado employers must notify job applicants about noncompete agreements and allow them to review the agreements before they accept any job offers. If employers wish to impose noncompete agreements on current employees, they must provide written notice to the employees at least 14 days before the agreement goes into effect.
• Federal “Speak Out Act”
  • The Speak Out Act prohibits judicial enforcement of nondisclosure and nondisparagement clauses with respect to sexual harassment and sexual assault disputes when the clause was...

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