['Contingent Workforce']
['Independent Contractors']
07/16/2024
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Both the Colorado Wage Act and the Colorado Overtime and Minimum Pay Standards (COMPS) Order use the same definition of employee.
Employee: Any person performing labor or services for the benefit of an employer. In determining whether an individual is an independent contractor and not an employee, the relevant factors include:
- The degree of control the employer may or does exercise over the person, and
- The degree to which the individual performs work that is the primary work of the employer.
An individual is not an employee if he or she is:
- Primarily 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
- Customarily engaged in an independent trade, occupation, profession, or business related to the service performed.
Related information
Citations
- Colo. Rev. Stat. 8-4-101 (Colorado Wage Act)
- COMPS Order #39 (2024) 7 CCR 1103-1
- Part 795 — Employee or independent contractor classification under the Fair Labor Standards Act
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