Consultants for Long View Systems signed agreements stating they were independent contractors, which also contained non-compete provisions. However, after one exclusive, three-month engagement for computer consulting, during which Long View paid Lucero personally, by the hour, Gino Lucero filed for unemployment benefits claiming that he was an employee.

Though Lucero had signed the agreement and was paid directly by Long View, he provided the services to a third party who oversaw his work, provided the tools he used, and established (with Lucero’s agreement) the schedule for the work. The Colorado statute that governed this relationship requires that, for Long View to show that Lucero was an independent contractor, Long View had to show that he was: (1) free from control and direction in the performance of the service, and (2) customarily engaged in an independent trade, occupation, profession, or business related to the service performed for Long View. Should Lucero be considered Long View’s employee?