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 workers upon request.
- Complaint Process
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. The information a complaining party provides is treated as confidential and is not typically shared with the employer. Specific outcome or results of the investigation may not be shared with the complaining party for privacy as it relates to the employer.
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.
- Advisory Opinion
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.
Colorado Department of Labor and Employment
Unemployment Insurance Employer Services, Audits
PO Box 8789
Denver, Colorado 80201-8789
(303) 318-9100, Option 4
Fax: (303) 318-8189