CO SB171

Establishes a 13-condition test in the Workers' Compensation Act to classify marketplace contractors as independent contractors rather than employees if all conditions are met, including written contract, fixed payment rate, flexible scheduling, and no on-site supervision.

Creates a rebuttable presumption of independent contractor status when the conditions are satisfied, which can only be overcome by clear and convincing evidence.

Adds an alternative test requiring marketplace contractors to be free from control in performance and customarily engaged in an independent trade, unless the control is exercised to comply with state or federal law.

Establishes parallel provisions under the Colorado Employment Security Act (unemployment insurance) with similar conditions for excluding marketplace contractors from "employment" status.

Excludes transportation service providers (freight, sealed parcels) from the definition of marketplace contractors and applies the law to platform operators offering online-enabled systems for service requests.