I am pleased to introduce my partner,
Adrian Castro, of Fairfield and Woods, P.C.'s litigation
and employment law departments. In this post, Adrian discusses a
recent law passed by the Colorado Legislature which specifically
makes violation of Colorado's non-compete laws a criminal
offense. Other states around the country have also criminalized
violation of non-compete laws, as well as imposing civil liability.
Employers attempting to enforce non-compete agreements should be
careful not to overreach.
On March 1, 2022, Colorado Senate Bill 21-271, approved on July
6, 2021, goes into effect. While the overall goal of the bill is to
reform sentencing provisions related to misdemeanors and petty
offenses, it also made the violation of a number of statues
potential criminal infractions. With respect to non-compete
agreements, the bill adds a new section to the applicable statute,
C.R.S. § 8-2-113, making a violation of the statute a class 2
misdemeanor. A class 2
