§ 8-70-140.7 — Employment does not include - land professionals

Colorado § 8-70-140.7

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Definitions - General Provisions

Text

(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 of the specific tasks contracted for rather than to the number of hours
worked by the individual; and

(b) The services performed by the land professional are performed under a
contract between the land professional and the person or entity for whom the
services are performed that provides that the land professional is to be treated as
an independent contractor and not as an employee with respect to the services
provided under the contract.

(2) For the purposes of this section, land professional means an individual
who has been engaged primarily in:

(a) Negotiating for the acquisition or divestiture of mineral rights;

(b) Negotiating business agreements that provide for the exploration for or
development of minerals;

(c) Determining ownership of minerals through the research of public and
private records; and

(d) Reviewing the status of title, acting to cure title defects, and otherwise
acting to reduce title risk associated with ownership of minerals, managing rights
or obligations derived from ownership of interests in minerals, or unitizing or
pooling of interest in minerals.

Legislative History

Source: L. 95: Entire section added, p. 177, � 1, effective April 7.