Statute — Colorado Startup Compliance

Vendor & Subcontractor Risk

Tell us about the relationship

Three separate questions, assessed independently: federal joint-employer exposure, Colorado statutory-employer liability, and indemnification risk. Leave anything “Not sure” rather than guessing — this tool escalates rather than forces an answer when it doesn’t have enough to go on.

What kind of relationship is this?

Is this a construction agreement? (building, structure, highway, bridge, water/sewer/gas system work, or related demolition/excavation)

Does the vendor/staffing firm maintain its own workers'-compensation coverage for the workers it places with you?

Federal joint-employer factors (29 CFR § 103.40)

For each: does YOUR company — not the vendor — actually exercise this kind of control over the placed worker(s)?

Wages — Does your company actually determine the wage rate or pay rate paid to the vendor's placed worker(s) — not just the contract's overall billing rate?

Benefits — Does your company actually determine the fringe benefits provided to the vendor's placed worker(s) (e.g. selecting their health insurance or pension plan)?

Hours of work — Does your company actually determine the placed worker(s)' work schedules or hours, including overtime — beyond just setting your own operating hours?

Hiring — Does your company actually decide which particular individuals the vendor assigns to you?

Discharge — Does your company itself decide to end a placed worker's assignment — beyond flagging performance issues to the vendor and letting it decide?

Discipline — Does your company itself decide to suspend or discipline a placed worker — beyond flagging misconduct to the vendor?

Supervision — Does your company instruct placed workers HOW to do their work, or issue their performance appraisals — beyond routine what/where/when direction?

Direction — Does your company assign placed workers their individual schedules, positions, and tasks — beyond an overall project completion schedule?