Updated February 2, 2009
Overview of Colorado Employment Security Act, 8-70-114
An employee leasing company (ELC) or professional employer organization (PEO) must obtain an annual certification from the Colorado Department of Labor and Employment (CDLE) in order to conduct business in Colorado.
NOTE: ELCs are also known as PEOs; the terms are interchangeable. The requirements of the Colorado Employment Security Act (CESA) 8-70-114 apply to both ELCs and PEOs. Any reference within this Web page to an ELC also applies to a PEO.
ELCs are required to pay wages and collect, report, and pay all payroll-related premiums from their accounts for all covered employees, including unemployment insurance (UI) premiums. During 2008 and 2009 ELCs may continue to submit their premium and wage reports under the account numbers they are currently using. The ELCs' responsibility for reporting wages and paying UI premium under their own account numbers must begin with all wages paid on or after January 1, 2010. At that time ELCs can no longer use the account number for the work-site employer or client.
Work-site employers must notify CDLE of their relationship with an ELC if the ELC reports wages to the UI Program under the work-site employer's account number.
To conduct business in Colorado, an ELC must obtain the initial certification by March 23, 2009. This certification is valid until June 30, 2010.
To obtain initial certification, ELCs must:
NOTE: An attorney, independent from the ELC, must certify on the Annual Report that the ELC is in compliance with CESA 8-70-114 (2)(e).
NOTE: If you choose to submit one of the above items, UI Operations will send you Form UITL-73, Employee Leasing Company's Election to Submit Security, after you return the Annual Report and list of work-site employers and work-site employees. If you submit this security in 2008, it is based on your premium assessment for 2007; if you submit it in 2009, it is based on your premium assessment for 2008.
You may download the certification packet by going to the Forms & Publications Web page. To request an application packet, send an e-mail to ui.leasing@state.co.us.
According to CESA 8-76-104 (8), a transfer of experience shall not occur when:
NOTE: The existence of an employee-leasing arrangement without other evidence of common control shall not constitute substantial common ownership, management, and control.
The UI Program is in the process of revising:
Please read all sections of CESA 8-70-114 related to ELC laws and regulations. Below are citations and descriptions for ELC laws, regulations, and the Employers Handbook:
All of these publications are available on the Forms & Publications Web page .
For additional assistance, please contact UI Operations at:
ui.leasing@state.co.us.
303-318-9100 (Denver-metro area).
1-800-480-8299 (outside Denver-metro area).
Coemployer. A coemployer is either an ELC or a work-site employer. A contract must exist between the ELC and work-site employer as evidence of a coemployer relationship.
Colorado Employment Security Act (CESA). CESA is the section of the Colorado Revised Statutes that governs the payment of UI benefits, the establishment and maintenance of an employer premium account, and wage reporting.
Covered employee. This is an individual who is in an employment relationship with an ELC and a work-site employer and has received written notice of coemployment with the ELC. The terms covered employee and work-site employee are interchangeable.
Employee leasing company (ELC). This is any person, business, or other entity that contracts with a work-site employer to provide services. The ELC as the employing unit or coemployer has the responsibility for payment of wages to the workers according to the ELC contract and to collect, report, and pay all payroll taxes. The term ELC is interchangeable with PEO. See CESA 8-70-114 (2)(b) for an explanation of the rights and responsibilities of an ELC or PEO.
Employee Leasing Company Certification Fund (Fund). This is the State Treasury Fund to which ELC certification fees are deposited. The money in the Fund is used for implementation of SB 08-114.
Professional employee organization (PEO). This is any person, business, or other entity that contracts with a work-site employer to provide services. The PEO as the employing unit or coemployer has the responsibility for payment of wages to the workers according to the PEO contract and to collect, report, and pay all payroll taxes. The term PEO is interchangeable with ELC. See CESA 8-70-114 (2)(b) for an explanation of the rights and responsibilities of an ELC or PEO.
Regulations Concerning Employment Security (RCES). The RCES is the section of the Code of Colorado Regulations required to implement CESA. Regulations are adopted through a rules-hearing process and incorporated into RCES.
Working capital. Working capital is the ELC's current assets minus current liabilities as determined by generally accepted accounting principles.
Work-site employee. This is an individual who is in an employment relationship with an ELC and a work-site employer and has received written notice of coemployment with the ELC. The terms covered employee and work-site employee are interchangeable.
Work-site employer. This is any person, business, or other entity that procures the services of an ELC under an ELC company contract. The work-site employer retains direction and control of the work-site employees regarding responsibilities not shared between the ELC and work-site employer.