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Can a home care agency make caregivers sign a non-compete in Colorado?

Last verified October 17, 2026 · All Colorado resources

Banned below wage threshold. Colorado voids non-competes for workers earning less than $130,014 a year (2026), which covers typical caregivers. Customer non-solicitation clauses are also void below $78,008.40. Even above the thresholds, covenants must be needed to protect trade secrets. Employers that present or enforce void covenants face penalties of $5,000 per worker.

Status Banned below wage threshold
Wage threshold Non-competes are void unless the worker is highly compensated: $130,014 in annualized cash compensation for 2026, both when signed and when enforced. Customer non-solicitation covenants require at least 60% of that amount ($78,008.40 in 2026).
Healthcare-specific rule Since 2025-08-06 (SB25-083), the highly compensated exception no longer applies to covenants restricting the practice of medicine, advanced practice registered nursing or dentistry, so those are void. Providers may tell prior patients about their new practice.
Client non-solicitation Customer non-solicitation covenants are allowed only for workers earning at least 60% of the highly compensated threshold ($78,008.40 in 2026) and only if no broader than reasonably necessary to protect trade secrets.
Notice requirements The employer must give a separate written notice of the covenant and its terms to a prospective worker before they accept the offer, and to a current worker at least 14 days before the covenant or the related pay or job change takes effect.
Statute C.R.S. § 8-2-113
Latest change 2025-08-06

What about a client hiring your caregiver directly?

That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.

General information, not legal advice.

Sources

More for Colorado

Non-compete rules by state: other states

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