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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0351.01 Renee Leone x2695 SENATE BILL 26-081
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
CONCERNING THE ESTABLISHMENT OF AN OVERTIME THRESHOLD FOR101
AGRICULTURAL EMPLOYEES CONSISTENT WITH THE THRESHOLD102
APPLICABLE TO OTHER WORKERS IN COLORADO.103
Bill Summary
(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.)
The bill increases overtime protections for agricultural employees
by requiring that agricultural employees be paid at an overtime rate for
any work performed in excess of:
! 40 hours per workweek;
! 12 hours per workday; or
SENATE SPONSORSHIP
Danielson,
HOUSE SPONSORSHIP
Velasco,
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.
! 12 consecutive hours.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 8-6-120 as2
follows:3
8-6-120. Overtime wages for agricultural workers - legislative4
declaration.5
(1) The director shall promulgate rules providing meaningful6
overtime and maximum hours protections to agricultural employees to be7
proposed no later than October 31, 2021, and adopted no later than8
January 31, 2022. In promulgating such rules, the director shall consider9
the inequity and racist origins of the exclusion of agricultural employees10
from overtime and maximum hours protections available to other11
employees, the fundamental right of all employees to overtime and12
maximum hours standards that protect the health and welfare of13
employees, and the unique difficulties agricultural employees have14
obtaining workplace conditions equal to those provided to other15
employees.16
(1) Legislative declaration.17
(a) THE GENERAL ASSEMBLY FINDS THAT:18
(I) AGRICULTURAL WORKERS PERFORM ESSENTIAL LABOR THAT19
SUSTAINS COLORADO'S FOOD SYSTEMS AND BROADER ECONOMY YET ARE20
EXCLUDED FROM MANY BASIC LABOR PROTECTIONS AFFORDED TO OTHER21
WORKERS, INCLUDING OVERTIME PROTECTIONS;22
(II) F EDERAL OVERTIME PROTECTIONS FOR WORKERS WERE23
ESTABLISHED IN THE "FAIR LABOR STANDARDS ACT OF 1938", BUT24
CONGRESS EXCLUDED FARMWORKERS AND DOMESTIC WORKERS FROM25
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SUCH PROTECTIONS. COLORADO, ALONG WITH SEVERAL OTHER STATES ,1
IMPORTED THE FEDERAL ACT'S EXCLUSION INTO ITS STATE LAW AND THAT2
LEGACY CONTINUES TO IMPACT COLORADO AGRICULTURAL WORKERS.3
(III) M OST WORKERS IN COLORADO EARN OVERTIME4
COMPENSATION AFTER FORTY HOURS IN A WORKWEEK OR TWELVE HOURS5
IN A WORKDAY. THIS REFLECTS THE STATE'S LONG-STANDING POLICY THAT6
EXTENDED WORK HOURS SHOULD BE COMPENSATED AT A PREMIUM RATE.7
(IV) A GRICULTURAL WORKERS, HOWEVER , RECEIVE OVERTIME8
PAY ONLY AFTER WORKING MORE THAN FORTY-EIGHT HOURS IN ONE WEEK,9
AND HIGHLY SEASONAL AGRICULTURAL WORKERS RECEIVE OVERTIME PAY10
ONLY AFTER WORKING MORE THAN FIFTY -SIX HOURS IN ONE WEEK .11
AGRICULTURAL WORKERS DO NOT RECEIVE DAILY OVERTIME PAY.12
(V) OVERTIME PROTECTIONS ARE A FUNDAMENTAL COMPONENT13
OF FAIR LABOR STANDARDS, INTENDED TO:14
(A) PREVENT OVERWORK;15
(B) PROMOTE HEALTH AND SAFETY;16
(C) E NSURE THAT EMPLOYEES ARE FAIRLY COMPENSATED FOR17
EXTENDED HOURS OF LABOR; AND18
(D) SUPPORT THE FAMILY AND COMMUNITY RELATIONSHIPS THAT19
ARE THE FOUNDATION FOR A THRIVING ECONOMY;20
(VI) E XTENDING EQUITABLE OVERTIME PAY TO AGRICULTURAL21
EMPLOYEES RECOGNIZES THE VALUE OF THEIR LABOR , PROMOTES22
ECONOMIC FAIRNESS , AND ALIGNS AGRICULTURAL EMPLOYMENT23
STANDARDS WITH THOSE OF OTHER INDUSTRIES; AND24
(VII) IN SENATE BILL 21-087, ENACTED IN 2021, THE GENERAL25
ASSEMBLY DIRECTED THE COLORADO DEPARTMENT OF LABOR AND26
EMPLOYMENT TO ADOPT OVERTIME RULES FOR AGRICULTURAL WORKERS27
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THAT WOULD ADDRESS "THE INEQUITY AND RACIST ORIGINS OF THE1
EXCLUSION OF AGRICULTURAL EMPLOYEES FROM OVERTIME AND2
MAXIMUM HOURS PROTECTIONS AVAILABLE TO OTHER EMPLOYEES ".3
DESPITE THIS DIRECTION, AGRICULTURAL WORKERS ARE STILL REQUIRED4
TO WORK MORE HOURS TO EARN OVERTIME THAN MOST OTHER WORKERS5
IN THE STATE.6
(b) T HE GENERAL ASSEMBLY THEREFORE DECLARES THAT7
AGRICULTURAL EMPLOYEES ARE ENTITLED TO OVERTIME PROTECTIONS8
CONSISTENT WITH THOSE PROVIDED TO OTHER WORKERS AND THAT9
ELIMINATING OUTDATED EXCLUSIONS IS NECESSARY TO REMEDY10
LONGSTANDING INEQUITIES IN COLORADO LABOR LAW.11
(2) BEGINNING JANUARY 1, 2027, AN AGRICULTURAL EMPLOYEE12
WHO IS ENTITLED TO RECEIVE A MINIMUM WAGE PURSUANT TO THE13
PROVISIONS CONCERNING AGRICULTURAL WORKERS IN THE DIRECTOR 'S14
RULES RELATED TO COLORADO OVERTIME AND MINIMUM PAY STANDARDS15
SHALL BE PAID OVERTIME, AT A RATE OF ONE AND ONE -HALF TIMES THE16
EMPLOYEE'S REGULAR RATE OF PAY , FOR ANY WORK PERFORMED IN17
EXCESS OF:18
(a) FORTY HOURS PER WORKWEEK;19
(b) TWELVE HOURS PER WORKDAY; OR20
(c) TWELVE CONSECUTIVE HOURS WITHOUT REGARD TO THE START21
AND END TIME OF THE WORK SHIFT.22
SECTION 2. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly (August25
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a26
referendum petition is filed pursuant to section 1 (3) of article V of the27
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state constitution against this act or an item, section, or pa rt of this act1
within such period, then the act, item, section, or part will not take effect2
unless approved by the people at the general election to be held in3
November 2026 a nd, in such cas e, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
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