From Caplan and Earnest, Elizabeth Francis discusses Colorado’s right to control test for determining if a worker is an employee or independent contractor. Elizabeth writes: The “right of control” test. To determine job classification status, Colorado utilizes a “right of control” test. That is, whether a worker is an employee or independent contractor depends on whether…
From TalentWave, Kimball Norup discusses a recent report that Colorado loses an estimated $23 million per year in unemployment taxes and uses this to estimate that the US loses over $1.35 billion per year in unemployment taxes. Kimball writes: Rocky Mountain PBS analyzed data on random audits conducted by the Division of Unemployment Insurance…
From Rocky Mountain PBS, Anna Boiko-Weyrauch discusses an analysis by Rocky Mountain PBS News. The analysis of data from audits by the Division of Unemployment Insurance indicated that Colorado was losing about $23 million per year in unemployment insurance premiums and that the rate of misclassified workers increased from 6% in 2011 to…
rom the Vaughn Law Offices, Justin G. Vaughn and Brandon D. Rains discuss the differences between an employee and independent contractor in Colorado. They write: In Colorado, there are legal distinctions between independent contractors and employees, and employers must be aware of these differences in order to protect their company from unexpected and unwanted liability.…
From PRWeb, at press release announcing that Avitus Group launched an online Q&A forum answering worker classfiication questions for Colorado companies. The press release states: ““The determination of whether a worker is an employee or independent contractor is the responsibility of businesses,” says Denver-based Avitus Group Human Resource and Risk Management Consultant Dawn Wilson. “This…
From the Denver Business Journal, Ed Sealover reports that a bill to define an independent contractor was passed by the Colorado Senate. The proposed legislation sets forth 11 factors to be considered in determining whether a worker is an employee or independent contractor. If the worker satisfies 6 of the 11 factors, the worker can…
From the Rocky Mountain Disability Law Group — “For purposes of Colorado workers’ compensation law, a nine-factor test set forth in Colo. Rev. Stat. § 8-40-202(2)(b)(II) is applied. The statute provides that for an employer to prove that a worker is truly an independent contractor, they must show that the person for whom work is…
From HR.BLR.com — “This case illustrates the risks involved in classifying workers as independent contractors when you treat them like employees. The evidence alleged by the flow testers, including the company’s control and direction over the time, manner, and location of their work, their hourly pay, required adherence to company work rules, mandatory attendance at…
From Colorado Employment Lawyers – “The Courts found that the question of whether or not an individual actually provided services for someone other than the employer is not conclusive proof of an employer-employee relationship. The Courts pointed out that one single factor should not be viewed as determining whether an employee is an employee or…
From Wolters Kluwer — “In two recent decisions, the Colorado Supreme Court rejected single and multi-factor tests used by courts and administrative agencies in determining whether individuals are employees or independent contractors under the Colorado Employment Security Act. Instead, the court adopted a “totality of the circumstances” test that involves an “inquiry into the nature…