CO Code § 8-73-106 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 73 - Benefits - Eligibility - Disqualification|§ 8-73-106. Seasonal Industry - Definitions

     As used in articles 70 to 82 of this title, “seasonal industry” means an industry or functionally distinct occupation within an industry which, because of climatic conditions or the seasonal nature of the employment, customarily employs workers only during a regularly recurring period or periods of less than twenty-six weeks in a calendar year. “Nonseasonal period or periods” means the time within a calendar year other than the seasonal period or periods. “Seasonal worker” means an individual who has been paid seasonal wages by a seasonal employer for seasonal work only during the designated seasonal period.    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.       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, as such terms are defined in subsection (1) of this section.    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.    Repealed.     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. 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.    ANNOTATION   School cook not “seasonal worker”. Where unemployment compensation benefits were sought by a cook at private school for period of unemployment following end of school term, the court of appeals held that the claimant did not come within the statutory definition of “seasonal worker”. In re Interrogatories by Indus. Comm'n, 30 Colo. App. 599, 496 P.2d 1064 (1972).   Appeal of denial of classification as seasonal employer. Before the general assembly enacted a procedure for appeal of a decision denying classification as a seasonal employer in June 1979, the administrative procedure act was applicable, and any such appeal should have been filed in the district court. City of Aurora v. Indus. Comm'n, 44 Colo. App. 132, 609 P.2d 129 (1980).