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CO HB1216

Bill

Status

Failed

4/6/2022

Primary Sponsor

Kerry Tipper

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Enacts Colorado's version of the "Uniform Restrictive Employment Agreement Act" to regulate restrictive employment agreements including noncompete, confidentiality, no-business, nonsolicitation, no-recruit, payment-for-competition, and training-repayment agreements

  • Prohibits all restrictive agreements except confidentiality and training-repayment agreements for low-wage workers earning less than Colorado's highly compensated worker threshold for overtime exemptions

  • Requires employers to provide prospective and current workers with at least 14 days' advance written notice of restrictive agreements and a separate Department of Labor and Employment notice, with limited exceptions

  • Establishes specific restrictions on enforceability including maximum duration periods (5 years for noncompete agreements protecting business sales or creation, 1 year for trade secrets or customer relationships, 6 months for no-business agreements) and requires agreements be narrowly tailored and reasonable

  • Creates civil violations with statutory damages up to $5,000 per worker per agreement for prohibited agreements, allows private actions with attorney fees, and shifts burden of proof to employers to demonstrate compliance

Legislative Description

Uniform Restrictive Employment Agreement Act

Last Action

House Committee on Judiciary Postpone Indefinitely

4/6/2022

Committee Referrals

Judiciary2/9/2022

Full Bill Text

No bill text available