CO Code § 8-70-113 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 70 - Definitions- General Provisions|§ 8-70-113. Employer - Definition

  “Employer” means:     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. (a) (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.    Any employing unit that, after December 31, 1998:   Paid wages of one thousand five hundred dollars or more during any calendar quarter in the calendar year or the preceding calendar year; or    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.       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.    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.    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.       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.    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;    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;    Any employing unit for which domestic service in employment as defined in section 8-70-121 is performed;    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;    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;    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;    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;    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    Any Indian tribe for which service in employment as defined under section 8-70-125.5 is performed.       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   of subsection (1) of this section.       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.      History. Source: L. 90: Entire section added, p. 590, § 3, effective April 3. L. 98: (1)(a) amended, p. 82, § 1, effective August 5. L. 2001: (1)(k) added, p. 1547, § 1, effective December 21, 2000. L. 2009: (1)(g) and (1)(h) amended,(HB 09-1363), ch. 363, p. 1878, § 4, effective July 1.    Editor's note:   The federal “Consolidated Appropriations Act, 2001”, Pub.L. 106-554, which became law on December 21, 2000, required all states to amend their laws regarding how Indian tribes are treated for unemployment insurance purposes. The 2001 act enacting subsection (1)(k) provided for an effective date of December 21, 2000. (See L. 2001, p. 1550 .)   ANNOTATION   Claimant's coworker is not an employer under any of the criteria of this section. The general assembly's use of different terms to refer to an employer and a coworker signals its intent that these terms have different meanings. Yotes v. Indus. Claim Appeals Office, 2013 COA 124 , 310 P.3d 288.   The industrial claim appeals office panel's conclusion that the term employer includes coworkers renders the latter term meaningless and leads to an illogical and absurd result. Yotes v. Indus. Claim Appeals Office, 2013 COA 124 , 310 P.3d 288.   “Personal harassment by the employer” does not include the actions of claimant's coworker and is inconsistent with the meaning of employer used throughout § 8-73-108 and the statutory definition in this section. Yotes v. Indus. Claim Appeals Office, 2013 COA 124 , 310 P.3d 288.