Exclusion of Newspaper Deliverers as Employees

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction SENATE BILL 26-091 LLS NO. 26-0727.01 Renee Leone x2695 SENATE SPONSORSHIP Snyder and Cutter, HOUSE SPONSORSHIP Soper, Senate Committees House Committees Business, Labor, & Technology Appropriations CONCERNING ADDING THE EXCLUSION OF CERTAIN PRINTED NEWS DELIVERERS FROM THE DEFINITION OF "EMPLOYEE" IN THE "COLORADO EMPLOYMENT SECURITY ACT" TO OTHER STATE LABOR LAWS.

The "Colorado Employment Security Act" excludes certain individuals engaged in the trade or business of delivering or distributing newspapers or shopping news from the definition of "employee". The bill Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

SENATE Amended 2nd Reading April 28, 2026 (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) SENATE Bill Summary April 29, 2026 3rd Reading Unamended A BILL FOR AN ACT adds the same exclusion to the "Workers' Compensation Act of Colorado", the "Paid Family and Medical Leave Insurance Act", and provisions concerning wages.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 8-70-115.5 as follows: 8-70-115.5. Employment clarification - newspaper delivery and distribution - application of independent contractor test.

(1) THE EMPLOYEE STATUS OF AN INDIVIDUAL ENGAGED IN THE DELIVERY OR DISTRIBUTION OF NEWSPAPERS OR SHOPPING NEWS MUST BE DETERMINED PURSUANT TO SECTION 8-70-115, AS CLARIFIED BY THIS SECTION.

(2) FOR PURPOSES OF APPLYING SUBSECTION (1) OF THIS SECTION, OPERATIONAL DISTRIBUTION OF NEWSPAPERS OR SHOPPING NEWS DO NOT ALONE CONSTITUTE SUFFICIENT EVIDENCE OF CONTROL OR DIRECTION IN THE PERFORMANCE OF SERVICES. SUCH OPERATIONAL REQUIREMENTS MAY INCLUDE:

REQUIREMENTS INHERENT TO THE DELIVERY

(a) DESIGNATION OF A PICKUP LOCATION;

(b) ASSIGNMENT OF A GEOGRAPHIC ROUTE OR TERRITORY;

(c) REQUIREMENTS TO MEET CUSTOMER DELIVERY OR OR DISTRIBUTION DEADLINES;

(d) REASONABLE QUALITY OR SAFETY STANDARDS RELATED TO DELIVERY OR DISTRIBUTION; OR (e) REQUIREMENTS TO MAINTAIN CONFIDENTIALITY OF SUBSCRIBER OR CUSTOMER INFORMATION.

(3) FOR PURPOSES OF APPLYING SECTION 8-70-115 (1)(b), THE ABSENCE OF A SEPARATE BUSINESS ADDRESS, BUSINESS REGISTRATION, ADVERTISING, CAPITAL INVESTMENT, OR FORMAL BUSINESS ENTITY OR TRADE NAME DOES NOT, BY ITSELF, PRECLUDE A FINDING THAT AN INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN INDEPENDENT TRADE, OCCUPATION, PROFESSION, OR BUSINESS.

NOTHING IN THIS SECTION MODIFIES THE INDEPENDENT CONTRACTOR TEST SET FORTH IN SECTION 8-70-115 (1).

SECTION 2. In Colorado Revised Statutes, 8-70-136, amend (1) introductory portion as follows:

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:

SECTION 3. In Colorado Revised Statutes, 8-4-101, amend (5) as follows:

8-4-101. Definitions.

As used in this article 4, unless the context otherwise requires:

(5) (a) "Employee" means any person AN INDIVIDUAL, including a migratory laborer, performing labor or services for the benefit of an employer. For the purpose of this article 4, relevant factors in determining whether a person AN INDIVIDUAL is an employee include the degree of control the employer may or does exercise over the person INDIVIDUAL and the degree to which the person INDIVIDUAL performs work that is the primary work of the employer; except that an individual primarily free from control and direction in the performance of the service, both under his or her THE INDIVIDUAL'S contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an "employee".

(b) THE EMPLOYEE STATUS OF AN INDIVIDUAL ENGAGED IN THE DELIVERY OR DISTRIBUTION OF NEWSPAPERS OR SHOPPING NEWS MUST BE DETERMINED IN ACCORDANCE WITH SECTIONS 8-70-115 AND 8-70-115.5.

SECTION 4.

Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to services provided on or after the applicable effective date of this act.