Glossary Check: ‘Employee’ in Colorado

Boulder, CO (WorkersCompensation.com) -- If you've ever wondered about how the Rocky Mountain State defines "employee," you're in luck. With help from the tools in our Simply Research kit, we have the Colorado info for you in terms for what's excluded from "employee."

"Employee" excludes any person employed by a passenger tramway area operator, or other employer, while participating in recreational activity, who at such time is relieved of and is not performing any duties of employment, regardless of whether such person is utilizing, by discount or otherwise, a pass, ticket, license, permit, or other device as an emolument of employment.

“Employee” excludes any person employed by an out-of-state employer performing incidental work in Colorado where the employee is covered at the time of injury under the workers’ compensation act of another state regardless of where the contract for employment was created.

"Incidental work” means work that is randomly or fortuitously in Colorado.

The "incidental work" provisions apply only to to a workers’ compensation act of another state that includes a reciprocal provision exempting Colorado employers from liability under the other state’s act for incidental work.

"Employee" excludes any person who is a licensed real estate sales agent or a licensed real estate broker associated with another real estate broker if:

(a) Substantially all of the sales agent’s or associated broker’s remuneration from real estate brokerage is derived from real estate commissions; and

(b) The services of the sales agent or associated broker are performed under a written contract specifying that the sales agent or associated broker is an independent contractor; and

(c) Such contract provides that the sales agent or associated broker shall not be treated as an employee for federal income tax purposes.

"Employee” excludes any person who is confined to a city or county jail or any department of corrections facility as an inmate and who, as a part of such confinement, is working, performing services, or participating in a training or rehabilitation or work release program. However, “employee” includes an inmate of a department of corrections facility or a city, county, or city and county jail who is working, performing services, or participating in a training, rehabilitation, or work release program that has been certified by the federal prison industry enhancement certification program pursuant to the federal “Justice System Improvement Act of 1979. An inmate participating in a program certified by the federal prison industry enhancement certification program is an employee of that certified program, which certified program shall carry workers’ compensation insurance. No inmate participating in a certified program shall be deemed to be an employee of the state, city, county, or city and county that owns, operates, or contracts for the operation of the facility or jail in which the inmate is incarcerated.

The exclusion does not apply to an inmate who is working for a private employer under a contract of hire wherein the private employer is required to maintain workers’ compensation insurance for its employees. Such an inmate shall be an employee of such a private employer.

Additionally, the inmate exclusion provisions do not apply to an inmate working for a joint venture. Such an inmate shall be an employee of the joint venture.

Likewise, the exclusion provisions do not apply to an inmate working for a private person or entity. Such an inmate shall be an employee of the private person or entity.

“Employee” excludes any person who volunteers time or services for a ski area operator or for a ski area sponsored program or activity, notwithstanding the fact that such person may receive noncash remuneration for such person or such person’s designee in conjunction with such person’s status as a volunteer. No contract of hire, express or implied, is created between any volunteer and a ski area operator. Notice shall be given to such volunteer in writing that the volunteering of time or services does not constitute employment for purposes of the “Workers’ Compensation Act of Colorado” and that such person is not entitled to benefits pursuant to said act.

Workers' Comp 101: Before Colorado law made clear that "employee" did not include volunteers who received noncash remuneration, the Colorado Supreme Court ruled in Aspen Highlands v. Apostolu, 866 P.2d 1384 (Colo. 1994), that a volunteer was an employee for workers' compensation purposes because he negotiated for ski passes for his girlfriend in exchange for his services.

“Employee” excludes any person who is working as a driver under a lease agreement with a common carrier or contract carrier.

Any person working as a driver with a common carrier or contract carrier as described in this section shall be eligible for and shall be offered workers’ compensation insurance coverage by Pinnacol Assurance or similar coverage.

Effective until July 1, persons who provide host home services as part of residential services and supports, pursuant to the “Home- and Community-based Services for Persons with Developmental Disabilities Act," and pursuant to a contract with a community-centered board, or a contract with a service agency shall not be considered employees of the community-centered board or the service agency.

Effective until July 1, persons who provide host home services as part of residential services and supports, for an eligible person, pursuant to the “Home- and Community-based Services for Persons with Developmental Disabilities Act,” contract with a service agency are not considered employees of the service agency.

"Employee” excludes any person who performs services for more than one employer at a race meet.

"Employee” includes a person who participates in a property tax work-off program.

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