The Colorado legislature’s significant changes to the state’s noncompetition and restrictive covenants statute became effective on August 10, 2022. The Restrictive Employments Agreement Act is a major overhaul of CRS § 8-2-113, which enshrines Colorado’s restrictive covenants restrictions. Previously, the statute only expressly addressed non-competes. Now, the statute addresses restrictive covenants more broadly, including not only non-compete clauses but also provisions addressing the non-solicitation of business and customers, confidentiality provisions, and reimbursement for training and education costs. A previous Colorado Lawyer article summarized the new provisions and addressed related considerations for both workers and employers. This article answers common questions about employer compliance and liability under the new provisions.
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