(1) Employment does not include services performed by an individual who is working as a driver under a lease or contract with a taxi or limousine motor common carrier that holds a certificate pursuant to article 10.1 of title 40, C.R.S. Any such lease or contract may contain the following provisions:
(a) That the driver may either lease or contract for a motor vehicle owned by such carrier or may own the motor vehicle driven and lease it to the carrier, which may then re-lease such motor vehicle to the driver;
(b) That the driver shall be instructed in the method of the carrier's operation, that the driver is familiar with federal, state, and municipal statutes, ordinances, and regulations, and that the carrier shall enforce compliance by the driver with such federal, state, and municipal statutes, ordinances, and regulations;
(c) That certain enumerated transportation services shall be accomplished personally by the driver;
(d) That certain characteristics on the body of the vehicle being used, including color and requirements for any written displays, are required for the sake of uniformity;
(e) That certain periodic driver safety training is required;
(f) That the common carrier has certain control over any assistant working with the driver for purposes of enforcement of and compliance with federal, state, and municipal statutes, ordinances, and regulations;
(g) That a specific number of hours is allotted in the form of shifts in which the driver shall complete a particular shipment of goods for the purpose of meeting the transportation equipment needs of drivers and the transportation needs of the public;
(h) That certain procedures for radio telecommunication between drivers and the carrier are mandated;
(i) That the driver shall work only for the carrier with whom such driver has contracted while such driver is operating the motor vehicle;
(j) That the driver is prohibited from advertising any services offered while driving for the carrier;
(k) That the carrier shall pay the driver's fees when the carrier accepts charge vouchers from the driver for services rendered to customers by such driver;
(l) That such lease or contract may be terminated by any party to such lease or contract; except that the driver may be required to complete an accepted trip; and
(m) That no length be specified for the term of such lease or contract.
(2) Leases or contracts containing the provisions specified in paragraphs (a), (b), (e), (f), (g), (h), and (i) of subsection (1) of this section shall be prima facie evidence that an independent contractor relationship exists between the parties to such lease or contract. This presumption may be overcome by clear and convincing evidence of an employment relationship between the parties to such lease or contract considering only factors not in the lease. Leases or contracts containing other optional provisions specified in subsection (1) of this section shall not change the characterization of the relationship between the driver and the carrier pursuant to such lease or contract.
Source: L. 92: Entire section added, p. 1798, � 3, effective June 6. L. 2011: IP(1) amended, (HB 11-1198), ch. 127, p. 416, � 5, effective August 10.
8-70-140.6. Employment does not include - nonprofit youth sports organization coach - definitions. (1) Employment does not include services performed by an individual as a coach for a nonprofit youth sports organization if:
(a) There is a written agreement between the nonprofit youth sports organization and the coach that includes the following:
(I) A statement that the coach is an independent contractor and not an employee of the nonprofit youth sports organization;
(II) A statement that the coach is not entitled to unemployment security benefits in connection with his or her contract with the nonprofit youth sports organization; and
(III) A disclosure in bold-faced, underlined, or large type, in a conspicuous location, and acknowledged by the parties that the parties have read and understand the disclosure indicating that the coach is an independent contractor rather than an employee of the nonprofit youth sports organization;
(b) The youth sports organization does not have the right to control the means and methods by which the coach provides coaching services. For the purpose of determining whether the youth sports organization is exercising control, the analysis to determine if the coach is an employee does not include any requirement of a youth sports governing body.
(c) The coach is not economically dependent on income from part-time youth sports coaching or is employed in a full-time covered employment position; and
(d) The services of the coach may not be terminated except for breach of the agreement, failure to meet the requirements of a youth coach governing body, or failure to meet generally accepted standards of conduct within the industry.
(2) If it is demonstrated to the division that the requirements of subsection (1) of this section are met, the coach shall be considered an independent contractor for the purposes of this section and not in covered employment or entitled to any benefits in accordance with the Colorado Employment Security Act, articles 70 to 82 of this title 8.
(3) As used in this section, unless the context otherwise requires:
(a) Coach means an individual who:
(I) Performs services pursuant to a written and signed contract that complies with the requirements set forth in this section; and
(II) Performs coaching services fifteen hours or less in any consecutive seven-day period.
(b) Nonprofit youth sports organization means an organization that is exempt from federal taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, and is primarily engaged in conducting organized sports programs for persons under twenty-one years of age.
(4) This section does not alter or diminish otherwise applicable exemptions from covered employment for the following:
(a) Services performed in the employ of the state of Colorado, a political subdivision, or an Indian tribe, or an instrumentality of the state, a political subdivision, or an Indian tribe if the service is excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. sec. 3301 et seq.; or
(b) Services performed in the employ of a religious, charitable, educational, or other organization that is excluded from employment as defined in the Federal Unemployment Tax Act.
Source: L. 2018: Entire section added, (HB 18-1303), ch. 383, p. 2304, � 1, effective August 8.