3 Colo. Code Regs. § 708-1-75.5

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 3 CCR 708-1-75.5 - Independently Established

To prove that a worker is engaged in an independently established trade, occupation, profession, or business, the following factors may be considered:

(A) Skills, qualifications, and training required for the job;

(B) Method of payment, benefits, and tax withholding;

(C) Right to negotiate agreements with other workers;

(D) Right to choose sales techniques or other business techniques;

(E) Right to determine hours;

(F) Existence of outside businesses or occupations, whether incorporated or unincorporated;

(G) Special licensing or regulatory requirements for performance of work;

(H) Whether the work is part of the alleged employer's general business;

(I) Nature and extent of the work;

(J) Term and duration of the business relationship;

(K) Control of the business premises;

(L) Authority to hire subordinates;

(M) Ownership or lease of major items of equipment;

(N) Liability for substantial unreimbursed expenses;

(O) Liability to the other party upon peremptory or unilateral termination of the business relationship; and

(P) Other factors that, viewed fairly in light of all the circumstances in a given case, may indicate the existence or lack of an independently established trade, occupation, profession or business.

3 CCR 708-1-75.5

37 CR 22, November 25, 2014, effective 12/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 04, February 25, 2023, effective 3/30/2023

46 CR 23, December 10, 2023, effective 12/30/2023