Colorado

Totality of circumstances, not single or multi-factor test, determines employee or independent contractor status, says Colorado Supreme Court

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…

Colorado Supreme Court: independent contractor status dependent on totality of the circumstances

From Lexology — “The Colorado Supreme Court ruled yesterday that determining whether a worker is “customarily engaged in an independent trade, occupation, profession, or business” in order to be deemed an “independent contractor” under Colorado’s unemployment insurance benefits laws requires an evaluation of the totality of the circumstances surrounding the relationship between the worker and the putative…

Independent contractor status — Colorado Supreme Court sets forth applicable test

From Lexology — “Yesterday we posted an article describing the unsettled test for independent contractor status under Colorado’s unemployment insurance benefits laws after the Colorado Court of Appeals issued a new decision last week.  Now, that test has been settled as the Colorado Supreme Court issued its decision in the Softrock andWestern Logistics cases. The Colorado Supreme Court ruled yesterday that determining…

Totality of circumstances, not single or multi-factor test, determines employee or independent contractor status

From the  Employment Law Daily —  “In two en banc decisions, the Colorado Supreme Court rejected single and multi-factor tests used by courts and administrative agencies below in determining whether individuals are employees or independent contractors under the Colorado Employment Security Act (CESA). Instead the court adopted a “totality of the circumstances” test that involves an “inquiry…

Independent contractor status dependent on more than one factor, says second Colorado court

From  Lexology — “A second division of the Colorado Court of Appeals has just rejected a stringent, single-factor test for determining whether a worker is an employee or independent contractor for purposes of receiving unemployment insurance benefits. On May 8, 2014, a division of the Court of Appeals issued a decision in an unemployment insurance tax liability…