Colorado § 8-73-106 Seasonal industry

Colorado Statutes

§ 8-73-106 — Seasonal industry

Colorado § 8-73-106

Title 08Labor and

Art.Benefits - Eligibility - Disqualification

This text of Colorado § 8-73-106 (Seasonal industry) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 8-73-106 (2026).

Text

(1)(a) Repealed.

(b)During the nonseasonal period or periods, the seasonal employer may employ not more than twenty-five percent of the total number of workers in each functionally distinct occupation that were employed in the previous seasonal period or periods without losing the seasonal designation for that functionally distinct occupation, so long as the seasonal employer does not employ any workers in the designated seasonal occupations during a consecutive forty-five-day period at any time following the seasonal period or periods. A worker who performs services for the same seasonal employer outside the employer's designated seasonal period or periods shall not be considered a seasonal worker for any period, and all wages paid by the seasonal employer to such worker shall

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(1) (a) Repealed.

(b) During the nonseasonal period or periods, the seasonal employer may
employ not more than twenty-five percent of the total number of workers in each
functionally distinct occupation that were employed in the previous seasonal period
or periods without losing the seasonal designation for that functionally distinct
occupation, so long as the seasonal employer does not employ any workers in the
designated seasonal occupations during a consecutive forty-five-day period at any
time following the seasonal period or periods. A worker who performs services for
the same seasonal employer outside the employer's designated seasonal period or
periods shall not be considered a seasonal worker for any period, and all wages
paid by the seasonal employer to such worker shall be considered nonseasonal
wages. If a seasonal worker performs services for the same seasonal employer
outside the employer's designated seasonal period or periods thereby resulting in
the loss of the worker's seasonal status and if such worker is not thereafter
employed by such employer between any two following designated seasonal
periods, the worker may thereafter be reemployed by such seasonal employer and
regain his status as a seasonal worker.

(2) The director of the division shall prescribe rules and regulations
applicable to seasonal industries for determining their normal seasonal period or
periods and seasonal workers.

(3) Upon written application filed with the division by an employer, the
director of the division shall determine and may thereafter redetermine, from time
to time in accordance with the rules and regulations of the division, the normal
seasonal period during which workers are ordinarily employed for the purpose of
carrying on seasonal operations in the seasonal industry in which such employer is
engaged. Such determination shall be made by said director within ninety days
after the filing of such application by an employer with the division. Until such
determination by the director of the division, no occupation or industry shall be
deemed seasonal. Any employing unit affected by such seasonal determination
may appeal the determination in accordance with section 8-76-113. For the purpose
of determining whether an individual is a seasonal worker and the duration of such
individual's benefits, the determination by said director of the normal seasonal
period of a seasonal industry shall be applicable to the filing of the quarterly report
of wages in the calendar quarter commencing after the date of such determination.

(4) Repealed.

Legislative History

Source: L. 36, 3rd Ex. Sess.: p. 14, � 3. L. 37: p. 1250, � 1. CSA: C. 167A, � 3. L. 39: p. 568, � 1. L. 41: p. 762, � 3. CRS 53: � 82-4-6. L. 59: p. 566, � 1. L. 63: p. 668, � 3. C.R.S. 1963: � 82-4-6. L. 67: p. 282, � 1. L. 69: p. 660, � 247. L. 72: pp. 448, 609, �� 2, 123. L. 73: p. 959, � 6. L. 76: (3) amended, p. 339, � 10, effective October 1. L. 79: (1) and (3) amended, p. 346, � 6, effective September 30. L. 85: (1) amended, p. 370, � 1, effective March 30. L. 86: (2) and (3) amended, p. 488, � 88, effective July 1. L. 90: (4) added, p. 610, � 1, effective April 3; (3) amended, p. 607, � 4, effective April 16. L. 94: (4) repealed, p. 639, � 4, effective July 1. L. 2025: (1)(a) repealed and (2) amended, (SB 25-275), ch. 377, pp. 2109, 2035, �� 336, 31, effective August 6.