Colorado: employee or independent contractor?

The test depends on which law you're dealing with. A worker can be a contractor for one law and an employee for another.

LawTestStatute
Unemployment insurancepartial ABC (A and C)C.R.S. § 8-70-115(1)(b)
Wage and hour / wage paymentColorado Wage Act test (control and primary-work factors; excludes a person primarily free from control who is customarily engaged in an independent business)C.R.S. § 8-4-101(5)
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

How the statute words it

UI: free from control and direction in the performance of the service, both under his contract for the performance of service and in fact; and customarily engaged in an independent trade, occupation, profession, or business related to the service performed.

Details and exceptions

Law: C.R.S. § 8-70-115(1)(b)

Running payroll in Colorado?

Recent changes

Last verified against the official source on October 9, 2026.

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Sources

We copy figures from official sources and re-check them against the source before every update. See our methodology. This is general information, not legal advice.