Title 8, Labor and Industry
0 chapters · 874 sections in this title.
Colo. Rev. Stat. § 8-70-101 Short title
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Articles 70 to 82 of this title shall be known and may be cited as the Colorado Employment Security Act. Source: L. 36, 3rd Ex. Sess.: p. 13, � 1. CSA: C. 167A, � 1. L. 41: p. 761, � 1. CRS 53: � 82-1-1. C.R.S. 1963: � 82-1-1.
Colo. Rev. Stat. § 8-70-102 Legislative declaration
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As a guide to the interpretation and application of this article, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is …
Colo. Rev. Stat. § 8-70-103 Definitions
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As used in articles 70 to 82 of this title 8, unless the context otherwise requires: (1) Agricultural labor has the meaning set forth in section 8-70-109. (1.5) Alternative base period means the last four completed calendar quarters immediately preceding the benefit year. (2) Bas…
Colo. Rev. Stat. § 8-70-104 Additional definitions. (Repealed)
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Source: L. 39: p. 583, � 14. CSA: C. 167A, � 21. L. 41: p. 809, � 20. L. 43: p. 611, � 12. L. 45: p. 715, � 9. L. 47: p. 889, � 5. L. 49: pp. 730, 731, �� 12, 13. L. 51: p. 823, � 20. L. 53: p. 632, � 8. CRS 53: � 82-1-4. C.R.S. 1963: � 82-1-4. L. 67: p. 327, � 1. L. 75: Entire s…
Colo. Rev. Stat. § 8-70-105 Banks as instrumentalities of United States
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(1) For all purposes of articles 70 to 82 of this title and in conformity with federal laws, national banks doing business in Colorado and state bank members of the federal reserve system shall be deemed and held to be instrumentalities of the United States, as referred to in art…
Colo. Rev. Stat. § 8-70-106 No vested rights or immunities
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The general assembly reserves the right to extend the time of operation, amend, or repeal all or any part of articles 70 to 74 and 76 to 81 of this title at any time; and there shall be no vested private right of any kind against such extension, amendment, or repeal. All the righ…
Colo. Rev. Stat. § 8-70-107 Disposition of funds in event of unconstitutionality
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(1) Articles 70 to 74 and 76 to 81 of this title are enacted for the purpose of participating in the advantages available to the state of Colorado under the federal Social Security Act, as amended. In the event that Title IX of the federal Social Security Act or any amendments to…
Colo. Rev. Stat. § 8-70-108 Conformity with federal statutes
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If any provisions contained in articles 70 to 82 of this title are determined to be in nonconformity with federal statutes, as determined by the United States secretary of labor or an assistant secretary of labor, the division, with the concurrence of the attorney general of the …
Colo. Rev. Stat. § 8-70-109 Agricultural labor
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(1) Agricultural labor means any remunerated service performed: (a) On a farm in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, c…
Colo. Rev. Stat. § 8-70-110 Benefits - classifications
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(1) Benefits are divided into classifications, as follows: (a) Regular benefits: Benefits payable to an individual under this article or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to chapter 85 of title 5 of t…
Colo. Rev. Stat. § 8-70-111 Benefit year - definitions
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(1) Benefit year means the period of fifty-two consecutive calendar weeks beginning with the first week of a claims series established by the filing of a valid initial claim; except that the benefit year shall be fifty-three weeks if filing a new valid claim would result in overl…
Colo. Rev. Stat. § 8-70-112 Claims - classifications
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(1) Claims are divided into classifications, as follows: (a) Initial claim, which establishes a benefit year and is valid as defined in section 8-70-111 (2)(a); or (b) Additional claim, which reopens a claim series within an existing benefit year after a second or subsequent peri…
Colo. Rev. Stat. § 8-70-113 Employer - definition
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(1) Employer means: (a) (I) Any employing unit that, after December 31, 1985, and prior to January 1, 1999, had in employment at least one individual performing services at any time; except that this paragraph (a) shall not apply to employing units for which service in employment…
Colo. Rev. Stat. § 8-70-114 Employing unit - definitions - rules - employee leasing company certification fund
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(1) (a) “Employing unit” means any individual or type of organization, including any partnership, limited liability partnership, limited liability company, limited liability limited partnership, association, trust, estate, joint stock company, insurance company, or corporation, w…
Colo. Rev. Stat. § 8-70-115 Employment - Federal Unemployment Tax Act
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(1) (a) Employment, subject to other provisions of this subsection (1), includes any service performed prior to January 1, 1972, which was employment as defined in this subsection (1) prior to such date and service performed after December 31, 1971, by an employee as defined in s…
Colo. Rev. Stat. § 8-70-116 Employment - location of services
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(1) Employment means an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if: (a) The service is not covered under the unemployment compensation law of any other state, the Virgin Islands, or Canada; and (b) The place from which the…
Colo. Rev. Stat. § 8-70-117 Employment - base of operations
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Employment means that the entire service of an individual is performed within this state or both within and without this state if the service is localized in this state; or that the service is not localized in any state but some of the service is performed in this state and that …
Colo. Rev. Stat. § 8-70-118 Employment - nonprofit organizations
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Employment means services performed after December 31, 1971, by an individual in the employ of a religious, charitable, educational, or other organization which is excluded from the term employment, as defined in the Federal Unemployment Tax Act solely by reason of section 3306 (…
Colo. Rev. Stat. § 8-70-119 Employment - hospitals - institutions of higher education
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Employment means services performed after December 31, 1971, by an individual in the employ of this state or any of its instrumentalities (or in the employ of this state and one or more other states or their instrumentalities) for a hospital or institution of higher education loc…
Colo. Rev. Stat. § 8-70-120 Employment - agricultural labor
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(1) Employment means services performed after December 31, 1977, by an individual in agricultural labor as defined in section 8-70-109 when: (a) Such service is performed for a person who, during any calendar quarter in either the current or the preceding calendar year, paid remu…
Colo. Rev. Stat. § 8-70-121 Employment - domestic services
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Employment means domestic services performed after December 31, 1977, in a private home, local college club, or local chapter of a college fraternity or sorority for a person who paid cash remuneration of one thousand dollars or more after December 31, 1977, in the current calend…
Colo. Rev. Stat. § 8-70-122 Employment - American employer
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(1) Employment means services of an individual who is a citizen of the United States performed outside the United States (except in Canada) after December 31, 1971, in the employ of an American employer (other than service which is deemed employment under the provisions of sectio…
Colo. Rev. Stat. § 8-70-123 Employment - vessels - aircraft
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Notwithstanding section 8-70-117, employment means services performed after December 31, 1971, by an officer or member of the crew of an American vessel or an American aircraft on or in connection with such vessel or aircraft, if the office from which the operations of such vesse…
Colo. Rev. Stat. § 8-70-124 Employment - credit - state unemployment fund
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Notwithstanding any other provisions of sections 8-70-115 to 8-70-125, employment means services with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for premiums required to be paid into a state unemployment fu…
Colo. Rev. Stat. § 8-70-125 Employment - educational institutions
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With respect to weeks of unemployment which begin after December 31, 1977, employment means services performed in the employ of an educational institution, including an institution of higher education as defined in section 8-70-103 (15), and the payment or denial of benefits base…
Colo. Rev. Stat. § 8-70-125.5 Employment - Indian tribes
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(1) Employment means service performed in the employ of an Indian tribe, as defined in section 3306 (u) of the Federal Unemployment Tax Act, 26 U.S.C. sec. 3301 et seq. (FUTA), if such service is excluded from employment, as defined in FUTA solely by reason of section 3306 (c)(7)…
Colo. Rev. Stat. § 8-70-125.7 Employment - property tax work-off program participants
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Employment includes services performed by participants in a property tax work-off program established pursuant to article 3.7 of title 39, C.R.S. Source: L. 2010: Entire section added, (HB 10-1076), ch. 162, p. 567, � 4, effective August 11.
Colo. Rev. Stat. § 8-70-126 Employment does not include - agricultural labor
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Employment does not include services performed by an individual in agricultural labor, as defined in section 8-70-109, except as provided in section 8-70-120. Source: L. 90: Entire section added, p. 595, � 3, effective April 3.
Colo. Rev. Stat. § 8-70-127 Employment does not include - domestic service
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Except as provided in section 8-70-121, employment does not include domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. Source: L. 90: Entire section added, p. 595, � 3, effective April 3.
Colo. Rev. Stat. § 8-70-128 Employment does not include - employer's trade or business
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(1) Employment does not include casual labor not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for the service is fifty dollars or more and unless the service is performed by an individual who…
Colo. Rev. Stat. § 8-70-129 Employment does not include - spouse - minor
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Employment does not include services performed by an individual in the employ of his spouse and service performed by a child under the age of twenty-one in the employ of his father or mother. Source: L. 90: Entire section added, p. 596, � 3, effective April 3. 8-70-130. Employmen…
Colo. Rev. Stat. § 8-70-130 Employment does not include - instrumentalities of United States
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“Employment” does not include services performed in the employ of the United States government, a national bank or state bank that is a member of the federal reserve system, or a federal savings and loan association or a state building and loan association that is a member of the…
Colo. Rev. Stat. § 8-70-131 Employment does not include - school - college - university
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(1) Employment does not include services performed in the employ of a school, college, or university, if such service is performed: (a) By a student who is enrolled and is regularly attending classes at such school, college, or university; or (b) By the spouse of such a student, …
Colo. Rev. Stat. § 8-70-132 Employment does not include - educational institution
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Employment does not include services performed by an individual who is enrolled at a nonprofit or public educational institution, which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its…
Colo. Rev. Stat. § 8-70-133 Employment does not include - hospital
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Employment does not include services performed in the employ of a hospital, as defined in section 8-70-103 (14), if such service is performed by a patient of the hospital. Source: L. 90: Entire section added, p. 597, � 3, effective April 3. 8-70-134. Employment does not include -…
Colo. Rev. Stat. § 8-70-134 Employment does not include - unemployment compensation system
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”Employment” does not include services with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress. The division is authorized to enter into agreements with the proper agencies under such act of congress, …
Colo. Rev. Stat. § 8-70-135 Employment does not include - paper routes
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Employment does not include services performed by an individual under the age of eighteen years in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution, or services performed by an…
Colo. Rev. Stat. § 8-70-136 Employment does not include - brokers
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(1) Employment does not include services performed by an individual as a licensed real estate broker or as a direct seller engaged in the trade or business of selling, or soliciting the sale of, a consumer product in a home or in an establishment other than a permanent retail est…
Colo. Rev. Stat. § 8-70-137 Employment does not include - organization exempt from income tax
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”Employment” does not include services performed in any calendar quarter in the employ of any organization exempt from income tax under section 501 (a) of the “Internal Revenue Code”, other than an organization described in section 401 (a), or under section 521 of said code, if t…
Colo. Rev. Stat. § 8-70-138 Employment does not include - in-home services. (Repealed)
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Source: L. 90: Entire section added, p. 598, � 3, effective April 3; entire section repealed, p. 1845, � 33, effective May 31.
Colo. Rev. Stat. § 8-70-139 Employment does not include - insurance agents
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Employment does not include services performed by an individual for a person as an insurance agent or an insurance solicitor, if all such services performed by such individual for such person are performed for remuneration solely by way of commission. Source: L. 90: Entire sectio…
Colo. Rev. Stat. § 8-70-140 Employment does not include - nonprofit organizations - governmental entities - Indian tribes
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(1) For the purposes of sections 8-70-118, 8-70-119, and 8-70-125.5, “employment” does not include services performed: (a) In the employ of a church or a convention or association of churches or in the employ of an organization that is operated primarily for religious purposes an…
Colo. Rev. Stat. § 8-70-140.1 Employment does not include - foreign government service
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Employment does not include service performed in the employ of a foreign government, including service as a consular or other officer or employee or a nondiplomatic representative. Source: L. 94: Entire section added, p. 637, � 2, effective July 1.
Colo. Rev. Stat. § 8-70-140.2 Employment does not include - nonresident alien service
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Employment does not include services performed by a nonresident alien individual for the period such individual is temporarily present in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101 of the federal Immigration and Nationality Act, 8 …
Colo. Rev. Stat. § 8-70-140.5 Employment does not include - drivers of taxis or limousines
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(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 …
Colo. Rev. Stat. § 8-70-140.6 Employment does not include - nonprofit youth sports organization coach - definitions
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(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 coac…
Colo. Rev. Stat. § 8-70-140.7 Employment does not include - land professionals
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(1) Employment does not include services performed for a private for-profit person or entity by a land professional, if: (a) Substantially all remuneration paid in cash or otherwise for the performance of the services is directly related to the completion by the land professional…
Colo. Rev. Stat. § 8-70-140.8 Employment does not include - owners
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Employment does not include services performed by members of a limited liability company, sole proprietors, or partners in a partnership. Source: L. 98: Entire section added, p. 69, � 5, effective March 23.
Colo. Rev. Stat. § 8-70-141 Wages - definition
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(1) Wages means: (a) All remuneration for personal services, including the cash value of all remuneration paid in any medium other than cash, other than remuneration paid in other than cash to an agricultural worker or a domestic worker. When an employing unit during a calendar y…
Colo. Rev. Stat. § 8-70-142 Wages - remuneration not included as wages
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(1) Wages does not include: (a) The amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents by an employer under a plan or system es…