Are non-competes enforceable in Colorado freelance contracts?

Generally only for highly compensated workers protecting trade secrets, with mandatory advance written notice (Colo. Rev. Stat. § 8-2-113).

How does Colorado classify freelancers?

Colorado uses a multi-factor test incorporating IRS factors and statutory criteria under § 8-70-115.

Freelance Contract for Colorado

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Colorado legal context

Colorado applies a multi-factor classification test that incorporates IRS factors. Colorado has no freelance-specific protection act, but the 2022 amendments to Colo. Rev. Stat. § 8-2-113 substantially limit restrictive covenants — including those imposed on contractors — to highly compensated workers, with mandatory written notice.

Key CO statutes

Worker Classification (Common Law)
Colo. common law / Colo. Rev. Stat. § 8-70-115
Multi-factor test incorporating IRS factors for general classification.
Restrictive Covenants Statute
Colo. Rev. Stat. § 8-2-113
Voids most non-competes; allows trade-secret-protection covenants only for highly compensated workers, with written notice.

Colorado-specific considerations

Multi-Factor Test
Classification considers behavioral and financial control plus relationship factors.
Restrictive Covenant Limits
Most non-competes void; trade-secret-protection covenants limited to highly compensated workers.
Mandatory Notice
Restrictive covenants require advance written notice — failure voids the covenant.