Colorado § 8-70-136 - Employment does not include - brokers.
Full text of Colorado Colorado Revised Statutes § 8-70-136 — Employment does not include - brokers., with citation guidance and answers to common questions.
§ 8-70-136. Employment does not include - brokers.
(1) "Employment" does not include services performed by an individual as a licensed real estate broker or as a direct seller engaged in the trade or business of selling, or soliciting the sale of, a consumer product in a home or in an establishment other than a permanent retail establishment or as an individual engaged in the trade or business of the delivering or distribution of newspapers or shopping news, including any services directly related to such trade or business if:
(a) All the remuneration, whether or not paid in cash, for the performance of such services is directly related to sales or other output, including the performance of services, instead of the number of hours worked; and
(b) The services are performed pursuant to a written contract between such person and the person for whom the services are performed and if such contract provides that the person shall not be treated as an employee with respect to such services for federal tax purposes.
Source: L. 90: Entire section added, p. 597, § 3, effective April 3. L. 98: IP(1) amended, p. 69, § 3, effective March 23. L. 2008: IP(1) amended, p. 511, § 30, effective April 17.
ANNOTATION
Annotator's note. Since the substantive provisions of this section are identical to former § 8-70-103 (11)(l), relevant cases construing that provision have been included under this section.
Contract language that excluded salesperson as an employee "for any purpose" plainly and unambiguously includes federal tax purposes and therefore contract meets requirements of this section for exclusion from coverage under the act. Alsco Aluminum v. Div. of Emp. & Training, 835 P.2d 540 (Colo. App. 1992).
Applied in Division of Emp. and Training v. Moen, 767 P.2d 1230 (Colo. App. 1988).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 8-70-136
What does Colorado Revised Statutes § 8-70-136 cover?
Section 8-70-136 ("Employment does not include - brokers.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 8-70-136?
A common citation format is "Colorado Revised Statutes § 8-70-136" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 8-70-136 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.