We accept complaints and conduct investigations regarding alleged misclassification of employees as independent contractors. We also provide a written advisory opinion concerning the classification of a worker, upon request.
Any person may file a written complaint alleging that an employer has misclassified an individual, who is performing work as an independent contractor. If you wish to report an employer engaged in the misclassification of an employee(s), please complete the complaint form below:
Investigation and Results
After a complaint is received, and it is determined an investigation is needed, the appropriate parties are contacted. If an investigation finds that an employer has misclassified employees, the employer must pay all back unemployment insurance premiums owed with interest. Additionally, if the investigation finds that the employees have been misclassified with willful disregard of the law, the employer may be fined up to $5,000 per misclassified employee for the first misclassification and up to $25,000 per misclassified employee for a second or subsequent misclassification. In addition, upon a second or subsequent misclassification, the employer is prohibited from contracting with, or receiving any funds from, the state of Colorado for up to two years.
An Advisory Opinion is available to employers seeking advice on proper classification of workers. If you would like to request an advisory opinion on whether you should classify individuals as employees or independent contractors, please complete the request form below and include a nonrefundable payment of $100 made payable to the Colorado Department of Labor and Employment.