Mike Greco Talks to the Denver Business Journal About Colorado’s Pending Non-Compete Legislation

On April 6, 2022, Mike Greco, Regional Managing Partner of Fisher Phillips’ Denver office, testified before the Colorado House Judiciary Committee on House Bill (HB) 22-1317, which is pending legislation to limit employers’ use of non-compete agreements. The Denver Business Journal talked to Mike immediately after the bill passed the House and asked for his thoughts now that the legislation is headed to the Senate for debate.  

If signed, the law will go into effect in August 2022, and Mike told the Denver Business Journal that employers must be quick to ensure that they are not issuing new agreements after that point to anyone below the stated salary threshold and that they don’t try to enforce existing agreements on lower-wage workers.

Mike also explained that with fewer options to keep intellectual property from migrating to competitors, employers will need to consider how much access they allow employees making less than $101,000 a year. He pointed to ten other states in the country that currently have statutes limiting the use of non-competes for low wage earners, and he noted that of the ten states, at least eight of them still allow non-solicitation agreements without regard to the level of wages earned by workers.

To read the article visit the Denver Business Journal (subscription required).