CO SB269

Establishes a bright-line test requiring at least 6 of 11 specific factors to classify an individual as an independent contractor for unemployment insurance purposes, replacing the previous flexible multi-factor analysis.

Adds two new factors to the independent contractor determination: execution of a written contract identifying the individual as an independent contractor, and not requiring the individual to perform work on the employer's premises.

Repeals the rebuttable presumption that a written contract with specific disclosures automatically creates an independent contractor relationship.

Clarifies that compliance with state or federal statutes or regulations does not constitute evidence of control or employment, and factors that would otherwise indicate independent contractor status are not negated by regulatory compliance.

Takes effect 90 days after final adjournment (August 5, 2015), unless subject to a referendum petition requiring approval by voters at the November 2016 general election.