Code of Colorado Regulations
700 - Department of Regulatory Agencies
708 - Civil Rights Commission
3 CCR 708-1 - STATE OF COLORADO CIVIL RIGHTS COMMISSION RULES AND REGULATIONS
INDEPENDENT CONTRACTORS
3 CCR 708-1-75.5 - Independently Established
Current through Register Vol. 47, No. 17, September 10, 2024
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.
