C.R.S. Section 8-70-113
Employer

  • definition

(1)

“Employer” means:

(a)

Intentionally left blank —Ed.

(I)

Any employing unit that, after December 31, 1985, and prior to January 1, 1999, had in employment at least one individual performing services at any time; except that this paragraph (a) shall not apply to employing units for which service in employment, as defined in sections 8-70-118 to 8-70-121, is performed.

(II)

Any employing unit that, after December 31, 1998:

(A)

Paid wages of one thousand five hundred dollars or more during any calendar quarter in the calendar year or the preceding calendar year; or

(B)

Employed at least one individual in employment for some portion of the day on each of twenty days during the calendar year or during the preceding calendar year, each day being in a different calendar week.

(III)

After December 31, 1998, this paragraph (a) shall not apply to employing units for which service in employment, as defined in sections 8-70-118 to 8-70-121, is performed.

(IV)

For purposes of this paragraph (a), employment shall include service that would constitute employment but for the fact that such service is deemed to be performed entirely within another state pursuant to an arrangement entered into in accordance with section 8-72-110 (3) by the division and an agency charged with the administration of any other state or federal unemployment compensation law.

(V)

For the purposes of this paragraph (a), if any calendar week includes both December 31 and January 1, the days of that week up to January 1 shall be deemed one calendar week and the days beginning January 1 another such week.

(b)

Any employing unit for which service in employment as defined in section 8-70-118 is performed after December 31, 1971, except as provided in subsections (2) and (3) of this section. For purposes of this paragraph (b), employment shall include service which would constitute employment but for the fact that such service is deemed to be performed entirely within another state pursuant to an arrangement entered into in accordance with section 8-72-110 (3) by the division and an agency charged with the administration of any other state or federal unemployment compensation law.

(c)

Any employing unit for which service in employment as defined in section 8-70-119 is performed, except as provided in subsections (2) and (3) of this section;

(d)

Any employing unit for which agricultural labor as defined in section 8-70-109 is performed and is defined as employment in section 8-70-120;

(e)

Any employing unit for which domestic service in employment as defined in section 8-70-121 is performed;

(f)

Any employing unit (whether or not an employing unit at the time of acquisition) which acquired the organization, trade, or business, or substantially all of the assets of an employer subject to articles 70 to 82 of this title, or which acquired a part of the organization, trade, or business of an employer subject to articles 70 to 82 of this title, if such part would have been an employer under this section had it constituted the entire organization, trade, or business;

(g)

Any employing unit that is not defined as an employer under this section but for which, within either the current or the preceding calendar year, service is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for premiums required to be paid into a state unemployment fund;

(h)

Any employing unit that, as a condition for approval of articles 70 to 82 of this title for full credit against the tax imposed by the “Federal Unemployment Tax Act” for premiums paid, is required, pursuant to such act, to be an employer under articles 70 to 82 of this title;

(i)

Any employing unit which, having become an employer under paragraphs (a) to (h) of this subsection (1), has not under section 8-76-106, ceased to be an employer subject to articles 70 to 82 of this title;

(j)

For the effective period of its election pursuant to section 8-76-107, any employing unit which has become subject to articles 70 to 82 of this title; or

(k)

Any Indian tribe for which service in employment as defined under section 8-70-125.5 is performed.

(2)

In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under paragraphs (b) and (e) of subsection (1) of this section, the wages earned or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined to be an employer of agricultural labor, such employing unit shall be determined to be an employer for the purposes of paragraph (a) of subsection (1) of this section.

(3)

In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under paragraph (b), (c), or (d) of subsection (1) of this section, the wages earned or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account.

Source: Section 8-70-113 — Employer - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑70‑101
Short title 8‑70‑102
Legislative declaration 8‑70‑103
Definitions 8‑70‑105
Banks as instrumentalities of United States 8‑70‑106
No vested rights or immunities 8‑70‑107
Disposition of funds in event of unconstitutionality 8‑70‑108
Conformity with federal statutes 8‑70‑109
Agricultural labor 8‑70‑110
Benefits - classifications 8‑70‑111
Benefit year - definitions 8‑70‑112
Claims - classifications 8‑70‑113
Employer - definition 8‑70‑114
Employing unit - definitions - rules - employee leasing company certification fund 8‑70‑115
Employment - federal unemployment tax act 8‑70‑116
Employment - location of services 8‑70‑117
Employment - base of operations 8‑70‑118
Employment - nonprofit organizations 8‑70‑119
Employment - hospitals - institutions of higher education 8‑70‑120
Employment - agricultural labor 8‑70‑121
Employment - domestic services 8‑70‑122
Employment - American employer 8‑70‑123
Employment - vessels - aircraft 8‑70‑124
Employment - credit - state unemployment fund 8‑70‑125
Employment - educational institutions 8‑70‑125.5
Employment - Indian tribes 8‑70‑125.7
Employment - property tax work-off program participants 8‑70‑126
Employment does not include - agricultural labor 8‑70‑127
Employment does not include - domestic service 8‑70‑128
Employment does not include - employer’s trade or business 8‑70‑129
Employment does not include - spouse - minor 8‑70‑130
Employment does not include - instrumentalities of United States 8‑70‑131
Employment does not include - school - college - university 8‑70‑132
Employment does not include - educational institution 8‑70‑133
Employment does not include - hospital 8‑70‑134
Employment does not include - unemployment compensation system 8‑70‑135
Employment does not include - paper routes 8‑70‑136
Employment does not include - brokers 8‑70‑137
Employment does not include - organization exempt from income tax 8‑70‑139
Employment does not include - insurance agents 8‑70‑140
Employment does not include - nonprofit organizations - governmental entities - Indian tribes 8‑70‑140.1
Employment does not include - foreign government service 8‑70‑140.2
Employment does not include - nonresident alien service 8‑70‑140.5
Employment does not include - drivers of taxis or limousines 8‑70‑140.6
Employment does not include - nonprofit youth sports organization coach - definitions 8‑70‑140.7
Employment does not include - land professionals 8‑70‑140.8
Employment does not include - owners 8‑70‑141
Wages - definition 8‑70‑142
Wages - remuneration not included as wages 8‑70‑143
Applicability of legislation
Green check means up to date. Up to date

Current through Fall 2024

§ 8-70-113’s source at colorado​.gov