Colorado Independent Contractors laws & HR compliance analysis

Colorado Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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An individual performing services is presumed to be an employee covered by the unemployment compensation law regardless of whether the common-law requirements to be an employee are met unless and until proven to the Department of Labor and Employment that the individual is free from control and direction in the performance of the service, both under his or her contract for the performance of service and in fact and that the individual is customarily engaged in an independent trade, occupation, profession, or business related to the service performed (CO Rev. Stat. Sec. 8-70-115).
Control exercised by the person for whom the service is performed over the performance of the service or over the individual performing the service is disregarded to the degree that it is required by a state or federal statute or regulation.
That an individual is engaged in an independent trade, occupation, profession, or business and is free from control and direction may either be shown by a preponderance of the evidence that the required conditions have been satisfied, or by a written document, signed by both parties, that the person for whom services are performed may not:
• Require the individual to work exclusively for the person for whom ...

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