(1) (a) Employee
excludes any person employed by a passenger tramway area operator, as defined in
section 12-150-103 (1), 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.
(b) (I) 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.
(II) For purposes of this section, incidental work means work that is
randomly or fortuitously in Colorado.
(III) This section only applies 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.
(2) 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.
(3) (a) Notwithstanding the provisions of section 8-40-202 (1)(a)(IV),
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; except that 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, 18 U.S.C. sec. 1761 (c). For the purposes of articles 40 to 47 of this title, 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 pursuant to articles
40 to 47 of this title. 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.
(b) The provisions of paragraph (a) of this subsection (3) do 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 pursuant to articles 40 to 47 of this title. Such inmate shall be an
employee of such private employer for purposes of articles 40 to 47 of this title.
(c) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate working for a joint venture established pursuant to the provisions of section
17-24-119 or 17-24-121, C.R.S. Such inmate shall be an employee of such joint
venture for purposes of articles 40 to 47 of this title.
(d) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate working for a private person or entity pursuant to the provisions of section
17-24-122, C.R.S. Such inmate shall be an employee of such private person or entity
for purposes of articles 40 to 47 of this title.
(4) Employee excludes any person who volunteers time or services for a ski
area operator, as defined in section 33-44-103 (7), C.R.S., 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 pursuant to this section and a ski area operator. Notice shall
be given to such volunteer in writing that the volunteering of time or services under
this subsection (4) 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.
(5) Employee excludes any person who is working as a driver under a lease
agreement pursuant to section 40-11.5-102, C.R.S., with a common carrier or
contract carrier.
(6) 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
consistent with the requirements set forth in section 40-11.5-102 (5), C.R.S.
(7) Persons who provide host home services as part of residential services
and supports, as described in section 25.5-10-206 (1)(e), for an eligible person, as
defined in section 25.5-6-403 (2)(a), pursuant to the Home- and Community-based
Services for Persons with Developmental Disabilities Act, part 4 of article 6 of title
25.5, and pursuant to a contract with a service agency as defined in section 25.5-10-202 (34) are not considered employees of the service agency.
(8) For the purposes of articles 40 to 47 of this title 8, employee excludes
any person who performs services for more than one employer at a race meet as
defined by section 44-32-102 (20) or at a horse track as defined by section 44-32-102 (8).
(9) Notwithstanding any other provision of this section, employee includes
a person who participates in a property tax work-off program established pursuant
to article 3.7 of title 39, C.R.S.
Source: L. 90: Entire article R&RE, p. 473, � 1, effective July 1. L. 92: (5) and
(6) added, p. 1798, � 1, effective June 6. L. 93: (3) amended, p. 2129, � 3, effective
September 1. L. 94: (4) amended, p. 1288, � 1, effective July 1. L. 95: (1) and (3)(c)
amended, p. 1091, � 1, effective May 31. L. 97: (3)(c) amended, p. 1031, � 66, effective
August 6. L. 2000: (7) added, p. 1497, � 1, effective August 2. L. 2002: (6) amended,
p. 1882, � 28, effective July 1. L. 2003: (8) added, p. 728, � 1, effective March 20. L.
2006: (7) amended, p. 1998, � 30, effective July 1. L. 2010: (3)(a) amended, (HB 10-1109), ch. 171, p. 606, � 1, effective August 11; (9) added, (HB 10-1076), ch. 162, p. 566,
� 2, effective August 11. L. 2013: (7) amended, (HB 13-1314), ch. 323, p. 1800, � 17,
effective March 1, 2014. L. 2017: (1) amended, (HB 17-1119), ch. 317, p. 1705, � 2,
effective July 1. L. 2018: (8) amended, (HB 18-1024), ch. 26, p. 321, � 4, effective
October 1. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1647, � 20, effective
October 1. L. 2021: (7) amended, (HB 21-1187), ch. 83, p. 324, � 4, effective July 1,
2024.