SB 25-083 Colorado Senate · 2025 Regular Session

Limitations on Restrictive Employment Agreements

Summary
Under current law, there is an exemption from the general prohibition against covenants not to compete. The exemption allows for a covenant not to compete under specified conditions governing an individual who earns an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers. The act excludes from the highly compensated worker exemption a covenant not to compete that restricts the practice of medicine, the practice of advanced practice registered nursing, or the practice of dentistry in this state. Under current law, there is also an exemption from the general prohibition against covenants not to solicit customers (nonsolicitation covenant) that allows for a nonsolicitation covenant governing an individual who earns an amount of annualized cash compensation equivalent to or greater than 60% of the threshold amount for highly compensated workers if the nonsolicitation covenant is no broader than reasonably necessary to protect the employer's legitimate interest in protecting trade secrets. The act also excludes from the highly compensated worker exemption for nonsolicitation covenants a covenant not to compete that restricts the practice of medicine, the practice of advanced practice registered nursing, or the practice of dentistry. A covenant not to compete governing an individual who has a minority ownership share of a business and who received their ownership share in the business as equity compensation or otherwise in connection with services rendered is permissible if the covenant's duration in years does not exceed a number calculated by the total consideration received by the individual from the sale divided by the average annualized cash compensation received by the individual from the business, including income received on account of the individual's ownership interest during the preceding 2 years or during the period of time that the individual was affiliated with the business, whichever period of time is shorter. The act prohibits a covenant that prevents or materially restricts a health-care provider from disclosing to a patient to whom the health-care provider was providing consultation or treatment before the health-care provider's departure from a medical or dental practice the following information: The health-care provider's continuing practice of medicine; The health-care provider's new professional contact information; or The patient's right to choose a health-care provider.(Note: This summary applies to this bill as enacted.)
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Senate Passage
Mar 2025
House Passage
Apr 2025
Signed into Law
Jun 2025
Introduced Jan 23, 2025 Signed Jun 3, 2025
Maddy AI version diff · 6 comparisons

What changed between versions

Revised (04/11/2025) PA1 (03/07/2025) · 3 edits
MINOR
This bill was amended to clarify and expand exemptions for restrictive employment agreements, specifically adding protections for healthcare providers and adjusting compensation thresholds for highly compensated workers. The changes ensure that covenants not to compete remain enforceable for licensed medical professionals while maintaining strict limitations for other workers.
Scope change
The bill now explicitly includes healthcare providers (doctors, nurses, dentists, and midwives) as a distinct category exempt from certain restrictive agreement prohibitions, whereas the original version did not specify this professional group.
DEFINITION

New definitions were added for 'Health-Care Provider', 'Practice as a Certified Midwife', 'Practice of Advanced Practice Registered Nursing', 'Practice of Dentistry', and 'Practice of Medicine' to clarify which professions are exempt from restrictive covenant limitations.

ELIGIBILITY

The compensation threshold for highly compensated workers was modified to include both actual full-year earnings and projected earnings if the worker had been employed for a full year, ensuring fair application for part-time or temporary workers.

EXEMPTIONS

A specific exemption was added preventing the prohibition from applying to covenants that restrict the practice of medicine, advanced practice registered nursing, or dentistry, protecting healthcare professionals from being barred from these agreements.

Floor votes · Senate Mar 12, 2025 · House Apr 14, 2025

How they voted

295
Passed
Total votes 34
Mar 12, 2025
D Democratic22
22 Yea
100% Yea
R Republican12
7 Yea 5 Nay
58% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
5
Committee
2
Amendments
1
Jun 3, 2025
Signed into law
Governor Signed
executive
Apr 21, 2025
Introduced
Senate Considered House Amendments - Result was to Concur - Repass
upper
Apr 14, 2025
Lower · Passed
House Third Reading Passed - No Amendments
lower
Apr 3, 2025
Lower · Passed
House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
lower
Mar 12, 2025
Introduced
Introduced In House - Assigned to Business Affairs & Labor
lower
Mar 12, 2025
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Mar 6, 2025
Upper · Passed
Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
upper
Jan 23, 2025
Introduced
Introduced In Senate - Assigned to Business, Labor, & Technology
upper
4 primary · 11 co-sponsors

Sponsors