Back to Colorado

SB26-121 • 2026

Overtime Threshold for Agricultural Employees

The Beginning January 1 ,2027, the bill requires an agricultural employer to pay an certain agricultural employee employees overtime pay for time worked in excess of 60 56 hours in a workweek. By repe

Agriculture Children Education Housing Labor Technology
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Sen. R. Rodriguez, Sen. C. Simpson, Rep. M. Martinez, Rep. T. Winter, Sen. B. Pelton, Sen. S. Bright, Sen. M. Catlin, Sen. L. Frizell, Sen. B. Kirkmeyer, Sen. L. Liston, Sen. R. Pelton, Sen. J. Rich, Rep. C. Barron, Rep. S. Bottoms, Rep. M. Bradfield, Rep. B. Bradley, Rep. M. Brooks, Rep. J. Caldwell, Rep. K. DeGraaf, Rep. M. Duran, Rep. L. Garcia Sander, Rep. R. Gonzalez, Rep. A. Hartsook, Rep. D. Johnson, Rep. R. Keltie, Rep. T. Mauro, Rep. J. McCluskie, Rep. C. Richardson, Rep. S. Slaugh, Rep. M. Soper, Rep. L. Suckla, Rep. R. Taggart, Rep. R. Weinberg, Rep. D. Woog
Last action
2026-04-17
Official status
Senate Considered House Amendments - Result was to Pass
Effective date
Not listed

Plain English Breakdown

The official summary does not provide details on increased fines or removal of rule-making authority, which were part of the candidate explanation.

Overtime Pay Threshold for Agricultural Workers

This bill sets a new overtime pay requirement for agricultural employers in Colorado, starting January 1, 2027.

What This Bill Does

  • Requires agricultural employers to pay overtime wages to employees who work more than 56 hours per week, beginning on January 1, 2027.

Who It Names or Affects

  • Agricultural employees in Colorado
  • Agricultural employers in Colorado

Terms To Know

Overtime Pay
Extra money paid to an employee for working more than a standard number of hours.
Decision-Making Manager
An individual primarily engaged in agricultural work who is paid at least the minimum salary threshold, not employed on a seasonal or temporary basis, and has primary duties that require routine exercise of independent judgment and discretion.

Limits and Unknowns

  • The bill does not specify what happens if an employer fails to comply with the new overtime rules.
  • It is unclear how many agricultural workers will be affected by this change.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

S.001

Committee of the Whole

Lost

Plain English: The amendment changes the overtime threshold for agricultural employees from 60 hours per workweek to a combination of 40 hours per workweek, 12 hours per workday, or 12 consecutive hours.

  • Changes the overtime pay requirement from working more than 60 hours in one week to working more than 40 hours in one week, or more than 12 hours in a single day, or working for 12 continuous hours.
S.003

Committee of the Whole

Lost

Plain English: The amendment changes how a bill about overtime pay for agricultural workers is written.

  • Changes '60' to '56' hours as the threshold for requiring overtime pay in the original bill text.
  • Removes certain lines from the printed bill and committee report that are no longer needed or relevant.
  • The amendment's text is technical and does not fully explain all changes, making it hard to understand every detail without additional context.
H.001

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.001 DATE 4/15/2026 Representative Garcia moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Story amendment, (L.064) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.001 DATE 4/15/2026 Representative Garcia moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Story amendment, (L.064) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.
  • Amend reengrossed bill, page 3, after line 14 insert: "(3) THE DEPARTMENT OF LABOR AND EMPLOYMENT, THROUGH THE DIVISION, MAY ACCEPT REPORTS, INCLUDING ANONYMOUS REPORTS, REGARDING VIOLATIONS OF THIS SECTION BY AGRICULTURAL EMPLOYERS.".
  • ** *** ** *** **
H.002

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.002 DATE 4/15/2026 Representative Garcia moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Garcia amendment, (L.035) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.002 DATE 4/15/2026 Representative Garcia moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Garcia amendment, (L.035) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.
  • Amend reengrossed bill, page 3, line 5, strike "WORKWEEK, EXCEPT" and substitute "WORKWEEK; BEGINNING JANUARY 1, 2028, AN AGRICULTURAL EMPLOYER SHALL PAY AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY TIME WORKED IN EXCESS OF FIFTY-TWO HOURS IN A WORKWEEK; BEGINNING JANUARY 1, 2029, AN AGRICULTURAL EMPLOYER SHALL PAY AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY TIME WORKED IN EXCESS OF FORTY-EIGHT HOURS IN A WORKWEEK; BEGINNING JANUARY 1, 2030, AN AGRICULTURAL EMPLOYER SHALL PAY AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY TIME WORKED IN EXCESS OF FORTY-FOUR HOURS IN A WORKWEEK; AND BEGINNING JANUARY 1, 2031, AN AGRICULTURAL EMPLOYER SHALL PAY AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY TIME WORKED IN EXCESS OF FORTY HOURS IN A WORKWEEK.
  • THE REQUIREMENTS SET FORTH IN THIS SUBSECTION (2) DO NOT APPLY".
  • Page 1, lines 101 and 102, strike "OF FIFTY-SIX HOURS IN A WORKWEEK".
H.005

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.005 DATE 4/15/2026 Representative Lieder moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Velasco amendment, (L.032) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.005 DATE 4/15/2026 Representative Lieder moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Velasco amendment, (L.032) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.
  • Amend reengrossed bill, page 3, line 5, strike "WORKWEEK," and substitute "WORKWEEK, TWELVE HOURS IN A WORKDAY, OR TWELVE CONSECUTIVE HOURS WITHOUT REGARD TO THE START AND END TIME OF THE WORKDAY,".
  • ** *** ** *** **
H.007

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.007 DATE 4/15/2026 Representative Story moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Story amendment, (L.062) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.007 DATE 4/15/2026 Representative Story moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Story amendment, (L.062) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.
  • Amend reengrossed bill, page 3, after line 14 insert: "(3) THE DIRECTOR SHALL CONSIDER THE INEQUITY AND RACIST ORIGINS OF THE EXCLUSION OF AGRICULTURAL EMPLOYEES FROM OVERTIME AND MAXIMUM HOURS PROTECTIONS AVAILABLE TO OTHER EMPLOYEES AND MAY CREATE OVERTIME PROTECTIONS THAT WOULD MIRROR THE PROTECTIONS AVAILABLE TO OTHER EMPLOYEES.".
  • ** *** ** *** **
H.008

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.008 DATE 4/15/2026 Representative Garcia moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Garcia amendment, (L.039) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB121_H.008 DATE 4/15/2026 Representative Garcia moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Garcia amendment, (L.039) to SB26-121, to show that said amendment passed and that SB26-121, as amended, passed.
  • Amend reengrossed bill, page 2, strike lines 4 and 5 and substitute: "8-6-120.
  • Overtime wages for agricultural employees - agricultural employee overtime pay study - definitions - rules.".
  • Page 3, after line 13 insert: "(3) Overtime pay study.
L.002

SEN Business, Labor, & Technology

Passed [*]

Plain English: The amendment adds definitions for 'decision-making manager' and 'family member' in the bill about overtime pay for agricultural workers.

  • Adds a definition of 'decision-making manager,' which includes individuals primarily engaged in agricultural work, paid at least the minimum salary threshold, not employed seasonally or temporarily, with duties requiring independent judgment, and either supervising two full-time employees or reporting directly to an owner or executive-level employee.
  • Includes a definition for 'family member' as someone related by blood, adoption, or marriage, such as children, siblings, spouses, parents, aunts, uncles, nephews, nieces, first cousins, grandchildren, and grandparents.
  • The exact impact of these definitions on the bill's requirements for overtime pay is not fully explained in the provided text.
L.003

SEN Business, Labor, & Technology

Passed [*]

Plain English: The amendment changes the bill to require agricultural employers to pay overtime for hours worked over 56 per week starting January 1, 2027, and adds requirements for the director to create rules protecting agricultural employees by a certain date.

  • Changes the start date for requiring overtime pay from January 1, 2027, to apply when an employee works over 56 hours in a week instead of 60 hours.
  • Adds new language that directs the director to create rules protecting agricultural employees' rights by specific deadlines.
  • The exact details of how overtime and maximum hour protections will be implemented are not clear from this amendment text alone.
L.006

Second Reading

Passed [**]

Plain English: The amendment changes the language in the bill's committee report to reflect a more comprehensive revision of existing laws regarding overtime pay for agricultural employees.

  • Changes the wording from 'amend' to 'repeal and reenact, with amendments,' indicating that the bill will replace rather than modify current provisions.
  • The amendment text does not provide specific details about what changes are being made to the overtime pay requirements for agricultural employees.
  • It is unclear from this amendment alone how the new overtime threshold of 56 hours compares with existing regulations or previous versions of the bill.
L.007

Second Reading

Lost [**]

Plain English: The amendment changes the overtime threshold for agricultural employees from 60 hours per workweek to a combination of 40 hours per workweek, 12 hours per workday, or 12 consecutive hours.

  • Changes the overtime pay requirement from working more than 60 hours in a week to working more than 40 hours in a week, 12 hours in a day, or 12 continuous hours.
  • The amendment text does not specify which employees are affected by this change.
  • It is unclear how the new thresholds will be implemented alongside existing labor laws.
L.008

Second Reading

Lost [**]

Plain English: The amendment changes how a bill about overtime pay for agricultural workers is written and organized.

  • Removes the initial lines of the committee report that describe the original bill's requirements.
  • Modifies the wording on page 1 of the report to refer to specific parts of the printed bill instead of general pages.
  • Adjusts the numbering in the report by inserting '(a)' after a certain point and removing some existing lines.
  • The exact impact of these changes on how agricultural employees receive overtime pay is not clear from this amendment text alone.
L.009

Second Reading

Lost [**]

Plain English: The amendment changes the overtime pay rate for agricultural employees to twice their normal hourly wage.

  • Changes the overtime pay rate from a previously unspecified amount to double the employee's regular hourly wage.
  • The exact number of hours before overtime begins and other details about which employees are covered by this bill remain unclear due to incomplete information in the provided text.
L.010

Second Reading

Lost [**]

Plain English: The amendment changes the overtime threshold for agricultural employees from 60 hours to 56 hours per workweek, starting January 1, 2027.

  • Changes the number of hours before overtime pay is required from 60 to 56 hours per week.
  • The amendment text does not provide details on how this change will be implemented or enforced.
  • It's unclear what specific employees are affected by this rule change.
L.011

Second Reading

Lost [**]

Plain English: The amendment changes how overtime pay is calculated for agricultural employees by altering specific sections of the bill and report.

  • Adds 'OR' after a semicolon on page 2, line 17 of the printed bill.
  • Removes lines 18 through 23 from page 2 of the bill.
  • Strikes certain lines in the Business, Labor, and Technology Committee Report to adjust numbering and content.
  • The exact impact of these changes on how overtime is calculated for agricultural employees is not fully explained by the amendment text alone.
L.012

Second Reading

Lost [**]

Plain English: The amendment removes certain sections from the bill related to overtime pay for agricultural employees and modifies a committee report.

  • Removes lines 15 through 25 on page 2 of the original bill, which likely contain details about overtime requirements.
  • Strikes out specific text in the Business, Labor, and Technology Committee Report that refers to family members of agricultural employers.
  • The exact content removed from the bill is not provided, making it hard to know what specific changes were made to the overtime rules for agricultural employees.
  • It's unclear how modifying the committee report affects the overall intent and implementation of the bill.
L.013

Second Reading

Lost [**]

Plain English: The amendment changes the bill to require agricultural employers in Colorado to pay overtime after 56 hours of work per week, aligning it more closely with protections for other workers.

  • Replaces the requirement for overtime pay after 60 hours with a new threshold of 56 hours for certain agricultural employees.
  • Adds a legislative declaration emphasizing the importance and necessity of providing overtime protections to agricultural workers.
  • The exact impact on specific groups of agricultural workers is not fully detailed in the amendment text provided.
L.014

Second Reading

Lost [**]

Plain English: The amendment adds a new definition for 'livestock employer' and modifies the criteria for decision-making managers employed by such employers.

  • Adds a new section defining 'livestock employer' as an agricultural employer involved in raising, feeding, and caring for livestock animals for commercial purposes.
  • Modifies the criteria for decision-making managers to include employment by a livestock employer, supervision of two or more full-time employees, and having duties that require independent judgment.
  • The amendment text does not specify all details about how these changes will affect existing laws or regulations.
  • It is unclear what the exact impact on current employment practices will be without further context.
L.015

Second Reading

Lost [**]

Plain English: The amendment requires the Department of Labor and Employment to notify agricultural employers about changes in overtime obligations within ninety days after the effective date.

  • Adds a new section requiring the Department of Labor and Employment to provide written notice to agricultural employers regarding changes in overtime requirements.
  • Specifies that the notice must include details such as the new weekly overtime threshold, the effective date, calculation methods for overtime pay, employer record-keeping obligations, available resources, and be provided in plain language.
  • The exact content of the notice is not fully detailed beyond what information it should contain.
  • It's unclear how the amendment will affect employers who are already familiar with wage and employment laws.
L.016

Second Reading

Lost [**]

Plain English: The amendment adds a requirement for the Department of Labor and Employment to conduct a study on agricultural labor conditions within ninety days after the bill's effective date, with findings reported back to state officials and made public.

  • Requires the Department of Labor and Employment to contract an institution of higher education to conduct a comprehensive statewide study on agricultural labor conditions within ninety days after the bill's effective date.
  • Specifies that the study must examine wage and compensation data, economic impacts of overtime thresholds, industry and statewide economic impacts, and employee participation.
  • Requires the educational institution to deliver a written report summarizing the findings to the Department of Labor and Employment no later than twelve months after the bill's effective date.
  • The amendment text does not specify how the study will be funded or what criteria will be used to select the higher education institution.
  • It is unclear if there are any limitations on the Department of Labor and Employment's ability to implement this requirement due to budget constraints.
L.018

Second Reading

Lost [**]

Plain English: The amendment adds a requirement for the Department of Labor and Employment to conduct an outreach program in English and Spanish, and possibly other languages as needed, to educate agricultural workers about their new overtime rights starting January 1, 2027.

  • Requires the Department of Labor and Employment to create and implement an outreach program within 90 days after the bill's effective date to inform agricultural employees about their overtime rights in multiple languages.
  • The exact additional languages beyond English and Spanish that will be used for outreach are not specified, leaving this detail to the discretion of the Department of Labor and Employment.
L.019

Second Reading

Lost [**]

Plain English: The amendment adds requirements for an advisory committee to review and provide feedback on the overtime protection threshold before it takes effect in January 2027.

  • Strikes certain lines from the original bill text and inserts new language requiring a newly created Agricultural Work Advisory Committee to review the proposed overtime protections within ninety days of the effective date of this section, and issue an advisory opinion on its impacts.
  • Adds provisions for the Department of Labor and Employment to submit the threshold to the committee, receive their written opinion, and then transmit it to state officials and post it publicly.
  • The exact details of how the Advisory Committee will operate or what specific criteria they use in their review are not provided in this amendment text.
L.024

Second Reading

Passed [**]

Plain English: The amendment changes the number of hours before agricultural employees are entitled to overtime pay from sixty to fifty-six hours per workweek.

  • Changes the threshold for overtime pay eligibility from 60 hours to 56 hours in a workweek for certain agricultural employees.
  • The amendment text does not specify which agricultural employees are affected, only that it applies to 'certain' employees.
L.029

Second Reading

Lost [**]

Plain English: The amendment changes the overtime pay requirements for agricultural employers by defining a 'livestock employer' and specifying conditions under which decision-making managers are exempt from certain labor regulations.

  • Defines a 'livestock employer' as an agricultural employer involved in raising, feeding, and caring for livestock animals for commercial purposes.
  • Specifies that decision-making managers employed by livestock employers who meet certain criteria (such as supervising two or more full-time employees) are exempt from overtime pay requirements if they earn at least the minimum salary threshold set by Colorado's labor rules.
  • The exact impact of these changes on agricultural workers and employers is not fully detailed in the provided amendment text.
  • Some parts of the original bill text are referenced but not included, making it difficult to understand all implications without seeing those sections.
L.031

Second Reading

Lost [**]

Plain English: SB121_L.031 Amendment No.

  • SB121_L.031 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Story 1 Amend reengrossed bill, page 2, strike line 5 and substitute "legislative 2 declaration - definitions.".
  • 3 Page 2, after line 5 insert: 4 "(1) Legislative declaration.
  • 5 (a) THE GENERAL ASSEMBLY FINDS THAT: 6 (I) AGRICULTURAL WORKERS PERFORM ESSENTIAL LABOR THAT 7 SUSTAINS COLORADO'S FOOD SYSTEMS AND BROADER ECONOMY YET ARE 8 EXCLUDED FROM MANY BASIC LABOR PROTECTIONS AFFORDED TO OTHER 9 WORKERS, INCLUDING OVERTIME PROTECTIONS; 10 (II) FEDERAL OVERTIME PROTECTIONS FOR WORKERS WERE 11 ESTABLISHED IN THE "FAIR LABOR STANDARDS ACT OF 1938", BUT 12 CONGRESS EXCLUDED FARM WORKERS AND DOMESTIC WORKERS FROM 13 SUCH PROTECTIONS.
L.032

Second Reading

Lost [**]

Plain English: The amendment changes the overtime threshold for agricultural employees from working more than 60 hours in a workweek to either working over 12 hours in a single workday or working for 12 consecutive hours without breaks.

  • Changes the requirement for overtime pay from working more than 60 hours in one week to working more than 12 hours in any single day, or working continuously for 12 hours regardless of when the shift starts and ends.
  • The amendment text is incomplete and does not provide full context about how these changes will be implemented or enforced.
  • It's unclear if there are specific exemptions or additional requirements that accompany this change in overtime rules.
L.034

Second Reading

Lost [**]

Plain English: SB121_L.034 Amendment No.

  • SB121_L.034 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Velasco 1 Amend reengrossed bill, page 3, after line 13 insert: 2 "(3) (a) IN AN ENFORCEMENT PROCEEDING BEFORE THE DIVISION 3 INVOLVING A COVERED INJURY OR ILLNESS SUSTAINED BY AN 4 AGRICULTURAL EMPLOYEE, IF THE AGRICULTURAL EMPLOYEE WORKED 5 FORTY HOURS OR MORE DURING THE WORKWEEK IN WHICH THE INJURY OR 6 ILLNESS OCCURRED OR DURING THE TWO WORKWEEKS IMMEDIATELY 7 PRECEDING THE WEEK DURING WHICH THE INJURY OR ILLNESS OCCURRED, 8 THERE IS A REBUTTABLE PRESUMPTION THAT THE EXCESSIVE HOURS WERE 9 A CONTRIBUTING CAUSE OF THE INJURY OR ILLNESS.
  • 10 (b) AN AGRICULTURAL EMPLOYER MAY REBUT THE PRESUMPTION 11 ESTABLISHED IN SUBSECTION (3)(a) OF THIS SECTION BY PRESENTING 12 CLEAR AND CONVINCING EVIDENCE THAT THE INJURY OR ILLNESS WAS 13 ENTIRELY UNRELATED TO THE AGRICULTURAL EMPLOYEE'S FATIGUE OR 14 THE NUMBER OF HOURS WORKED.
  • 15 (c) AN AGRICULTURAL EMPLOYER THAT FAILS TO REBUT THE 16 PRESUMPTION ESTABLISHED IN SUBSECTION (3)(a) OF THIS SECTION IS 17 SUBJECT TO ENHANCED PENALTIES OF UP TO ONE AND ONE-HALF TIMES THE 18 AMOUNT OF PENALTIES OTHERWISE APPLICABLE UNDER THIS ARTICLE 6.".
L.035

Second Reading

Lost [**]

Plain English: SB121_L.035 Amendment No.

  • SB121_L.035 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Garcia 1 Amend reengrossed bill, page 3, line 5, strike "WORKWEEK, EXCEPT" and 2 substitute "WORKWEEK; BEGINNING JANUARY 1, 2028, AN AGRICULTURAL 3 EMPLOYER SHALL PAY AN AGRICULTURAL EMPLOYEE AT AN OVERTIME 4 RATE FOR ANY TIME WORKED IN EXCESS OF FIFTY-TWO HOURS IN A 5 WORKWEEK; BEGINNING JANUARY 1, 2029, AN AGRICULTURAL EMPLOYER 6 SHALL PAY AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY 7 TIME WORKED IN EXCESS OF FORTY-EIGHT HOURS IN A WORKWEEK; 8 BEGINNING JANUARY 1, 2030, AN AGRICULTURAL EMPLOYER SHALL PAY 9 AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY TIME 10 WORKED IN EXCESS OF FORTY-FOUR HOURS IN A WORKWEEK; AND 11 BEGINNING JANUARY 1, 2031, AN AGRICULTURAL EMPLOYER SHALL PAY 12 AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY TIME 13 WORKED IN EXCESS OF FORTY HOURS IN A WORKWEEK.
  • THE 14 REQUIREMENTS SET FORTH IN THIS SUBSECTION (2) DO NOT APPLY".
  • 15 Page 1, lines 101 and 102, strike "OF FIFTY-SIX HOURS IN A 16 WORKWEEK".
L.037

Second Reading

Lost [**]

Plain English: The amendment changes the overtime pay rate for agricultural employees from a certain unspecified rate to double their normal hourly wage.

  • Changes the overtime pay rate for agricultural workers to be twice their regular pay rate.
  • The original bill does not specify what 'certain' means, so it's unclear exactly how much overtime pay was required before this amendment.
L.038

Second Reading

Lost [**]

Plain English: SB121_L.038 Amendment No.

  • SB121_L.038 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Garcia 1 Amend reengrossed bill, page 2, strike lines 4 and 5 and substitute: 2 "8-6-120.
  • Overtime wages for agricultural employees - notice 3 requirement - definitions - rules.".
  • 4 Page 3, after line 13 insert: 5 "(3) Notice to agricultural employers.
L.039

Second Reading

Lost [**]

Plain English: SB121_L.039 Amendment No.

  • SB121_L.039 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Garcia 1 Amend reengrossed bill, page 2, strike lines 4 and 5 and substitute: 2 "8-6-120.
  • Overtime wages for agricultural employees - 3 agricultural employee overtime pay study - definitions - rules.".
  • 4 Page 3, after line 13 insert: 5 "(3) Overtime pay study.
L.040

Second Reading

Lost [**]

Plain English: The amendment adds a requirement for the Department of Labor and Employment to conduct an outreach program to educate agricultural workers about their new overtime rights.

  • Requires the Department of Labor and Employment to create and implement a direct, in-person outreach program within 90 days after the bill's effective date to inform agricultural employees about their overtime rights.
  • The amendment text does not specify how the outreach will be funded or what specific resources will be used for this program.
  • It is unclear from the provided text whether there are existing notice obligations that would be in addition to this new requirement.
L.041

Second Reading

Lost [**]

Plain English: The amendment adds a requirement for the Department of Labor and Employment to submit an overtime protection threshold to an advisory committee for review before implementing it in January 2027.

  • Adds a new definition for 'Advisory Committee' on page 2, line 6.
  • Requires the Department of Labor and Employment to send the proposed overtime protection threshold to the Advisory Committee within ninety days after the bill's effective date.
  • Directs the Advisory Committee to provide a written opinion on the impacts of the proposed changes on agricultural workers, employers, and industry.
  • Specifies that the advisory committee’s opinion must be shared with state leaders and made public.
  • The exact details of the overtime protection threshold are not provided in the amendment text.
L.042

Second Reading

Lost [**]

Plain English: SB121_L.042 Amendment No.

  • SB121_L.042 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Zokaie 1 Amend reengrossed bill, page 3, strike lines 7 through 9.
  • 2 Page 3, line 10, strike "(b)" and substitute "(a)".
  • 3 Page 3, line 12, strike "(c)" and substitute "(b)".
L.043

Second Reading

Lost [**]

Plain English: The amendment changes the bill's language to adjust certain references and remove specific sections related to overtime pay requirements for agricultural employees.

  • Removes lines 11 through 25 from page 2 of the reengrossed bill.
  • Changes '(d)' to '(c)' on line 26 of page 2.
  • Replaces line 9 on page 3 with '780.329; OR'.
  • Removes lines 10 and 11 from page 3.
  • The exact content removed by striking certain lines is not provided, making it unclear what specific changes are being made to the bill's requirements for agricultural employees' overtime pay.
L.044

Second Reading

Lost [**]

Plain English: SB121_L.044 Amendment No.

  • SB121_L.044 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Zokaie 1 Amend reengrossed bill, page 2, strike lines 11 through 25.
  • 2 Page 2, line 26, strike "(d)" and substitute "(c)".
  • 3 Page 3, line 6, strike "IS:" and substitute "IS A FAMILY MEMBER OF A 4 FAMILY OWNER OF AN AGRICULTURAL EMPLOYER.".
L.045

Second Reading

Lost [**]

Plain English: The amendment adds a legislative declaration to the bill, stating that legislation affecting agricultural employees should be informed by an advisory committee's expertise and experience.

  • Adds a new section (8-6-120) with a legislative declaration emphasizing the importance of consulting an advisory committee before implementing significant changes in agricultural labor policy.
  • The amendment text does not specify details about the composition or role of the advisory committee, which limits understanding of how this consultation will be carried out.
  • It is unclear from the provided information what specific impact this declaration will have on the implementation of the bill's provisions.
L.047

Second Reading

Passed [**]

Plain English: The amendment increases fines for agricultural employers who repeatedly fail to pay their employees' wages correctly, with penalties becoming more severe if the violations are not fixed within a certain time frame.

  • Adds new subsections (1)(a)(I.5)(E) and (1)(a)(I.5)(F) that increase fines for agricultural employers who misclassify employees or fail to pay wages correctly, especially if these issues happen multiple times over five years.
  • Increases the fine by $20,000 for an agricultural employer with a third or subsequent willful violation within five years.
  • Adds a penalty of $40,000 if an agricultural employer does not fix a willful violation within 60 days after being found guilty.
  • The exact amount of the initial fine and how it increases over time is not fully explained in this amendment text.
  • Details about how the fines are calculated or applied beyond what is provided here are not included.
L.048

Second Reading

Lost [**]

Plain English: SB121_L.048 Amendment No.

  • SB121_L.048 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Velasco 1 Amend reengrossed bill, page 2, line 4, after "employees -" insert "notice 2 posting requirement -".
  • 3 Page 3, after line 13 insert: 4 "(3) EACH AGRICULTURAL EMPLOYER SHALL PROMINENTLY POST 5 A NOTICE OF WORKERS' RIGHTS UNDER THIS ARTICLE 6 IN A LOCATION 6 THAT IS ACCESSIBLE TO AGRICULTURAL EMPLOYEES, INCLUDING, WHERE 7 APPLICABLE, AT WORKSITES, HOUSING THAT THE AGRICULTURAL 8 EMPLOYER PROVIDES AGRICULTURAL EMPLOYEES, AND CONSPICUOUS 9 PLACES FREQUENTED BY EMPLOYEES ON THE EMPLOYER'S PREMISES.".
  • ** *** ** *** ** LLS: Renee Leone x2695
L.049

Second Reading

Lost [**]

Plain English: The amendment adds a requirement for agricultural employers to include information about overtime rights and hours worked on pay statements given to employees.

  • Adds new language requiring agricultural employers to provide clear information about overtime rights and the number of overtime hours worked by employees on their pay statements.
  • The amendment text does not specify what constitutes 'clear' statement or how exactly this information should be formatted.
  • It is unclear if there are existing regulations regarding pay statement disclosures that would interact with this new requirement.
L.052

Second Reading

Lost [**]

Plain English: SB121_L.052 Amendment No.

  • SB121_L.052 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Lindsay 1 Amend reengrossed bill, page 2, strike line 5 and substitute "notice 2 requirement - enforcement - civil penalties - private right of action - 3 retaliation prohibited - definitions.".
  • 4 Page 3, after line 13 insert: 5 "(3) EACH AGRICULTURAL EMPLOYER SHALL PROMINENTLY POST 6 A NOTICE OF WORKERS' RIGHTS UNDER THIS ARTICLE 6 IN A LOCATION 7 ACCESSIBLE TO AGRICULTURAL WORKERS, INCLUDING, WHERE 8 APPLICABLE, AT WORK SITES, HOUSING PROVIDED BY THE EMPLOYER, AND 9 COMMON AREAS.
  • 10 (4) AN AGRICULTURAL EMPLOYER THAT FAILS TO COMPLY WITH 11 SUBSECTION (3) OF THIS SECTION IS SUBJECT TO A CIVIL PENALTY AS 12 FOLLOWS: 13 (a) NO LESS THAN ONE HUNDRED DOLLARS AND NO MORE THAN 14 FIVE HUNDRED DOLLARS PER VIOLATION FOR A FIRST OFFENSE; AND 15 (b) NO LESS THAN FIVE HUNDRED DOLLARS AND NO MORE THAN 16 ONE THOUSAND DOLLARS PER VIOLATION FOR A SECOND OR SUBSEQUENT 17 OFFENSE.
L.053

Second Reading

Lost [**]

Plain English: SB121_L.053 Amendment No.

  • SB121_L.053 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Velasco 1 Amend reengrossed bill, page 2, strike line 5 and substitute "notice 2 requirement - enforcement - civil penalties - private right of action - 3 retaliation prohibited - definitions.".
  • 4 Page 3, after line 13 insert: 5 "(3) EACH AGRICULTURAL EMPLOYER SHALL PROMINENTLY POST 6 A NOTICE OF WORKERS' RIGHTS UNDER THIS ARTICLE 6 IN A LOCATION 7 ACCESSIBLE TO AGRICULTURAL WORKERS, INCLUDING, WHERE 8 APPLICABLE, AT WORK SITES, HOUSING PROVIDED BY THE EMPLOYER, AND 9 COMMON AREAS.
  • 10 (4) AN AGRICULTURAL EMPLOYER THAT FAILS TO COMPLY WITH 11 SUBSECTION (3) OF THIS SECTION IS SUBJECT TO A CIVIL PENALTY AS 12 FOLLOWS: 13 (a) NO LESS THAN ONE HUNDRED DOLLARS AND NO MORE THAN 14 FIVE HUNDRED DOLLARS PER VIOLATION FOR A FIRST OFFENSE; AND 15 (b) NO LESS THAN FIVE HUNDRED DOLLARS AND NO MORE THAN 16 ONE THOUSAND DOLLARS PER VIOLATION FOR A SECOND OR SUBSEQUENT 17 OFFENSE.
L.056

Second Reading

Lost [**]

Plain English: SB121_L.056 Amendment No.

  • SB121_L.056 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Velasco 1 Amend reengrossed bill, page 2, strike line 5 and substitute "failure to 2 maintain or produce work records - definitions.".
  • 3 Page 3, after line 13 insert: 4 "(3) IF AN AGRICULTURAL EMPLOYER FAILS TO MAINTAIN OR 5 PRODUCE REQUIRED RECORDS CONCERNING AN AGRICULTURAL WORKER'S 6 WORK HOURS, THE AGRICULTURAL WORKER'S REASONABLE ESTIMATE OF 7 HOURS WORKED SHALL BE PRESUMED ACCURATE.".
  • ** *** ** *** ** LLS: Renee Leone x2695
L.057

Second Reading

Lost [**]

Plain English: SB121_L.057 Amendment No.

  • SB121_L.057 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Story 1 Amend reengrossed bill, page 2, strike line 5 and substitute "education 2 outreach - agricultural employee overtime - definitions.".
  • 3 Page 3, after line 13 insert: 4 "(3) (a) THE DEPARTMENT OF LABOR AND EMPLOYMENT, THROUGH 5 THE DIVISION, SHALL DEVELOP AND IMPLEMENT A STATEWIDE 6 EDUCATIONAL OUTREACH PROGRAM REGARDING OVERTIME 7 REQUIREMENTS APPLICABLE TO AGRICULTURAL EMPLOYEES.
  • 8 (b) AT A MINIMUM, THE PROGRAM MUST: 9 (I) PROVIDE CLEAR, PLAIN-LANGUAGE INFORMATION REGARDING: 10 (A) APPLICABLE OVERTIME THRESHOLDS; 11 (B) AGRICULTURAL EMPLOYEES' RIGHTS UNDER THIS ARTICLE 6; 12 AND 13 (C) AGRICULTURAL EMPLOYERS' OBLIGATIONS UNDER THIS 14 ARTICLE 6; 15 (II) BE MADE AVAILABLE IN ENGLISH AND SPANISH AND IN ANY 16 OTHER LANGUAGE SPOKEN BY A SIGNIFICANT PORTION OF THE 17 AGRICULTURAL WORKFORCE, AS DETERMINED BY THE DIVISION; 18 (III) INCLUDE PRINTED MATERIALS, DIGITAL RESOURCES, AND 19 IN-PERSON OR VIRTUAL TRAINING; 20 (IV) BE DISTRIBUTED THROUGH COMMUNITY-BASED 21 ORGANIZATIONS, WORKER CENTERS, LEGAL SERVICES PROVIDERS, AND 22 AGRICULTURAL INDUSTRY ASSOCIATIONS; 23 (V) INCLUDE OUTREACH IN RURAL AND AGRICULTURAL 24 COMMUNITIES, INCLUDING THROUGH MOBILE OR FIELD-BASED EDUCATION 25 EFFORTS, WHERE PRACTICABLE; AND 26 (VI) INCLUDE INFORMATION ABOUT HOW TO FILE A COMPLAINT OR 27 SEEK ASSISTANCE FROM THE DIVISION.
L.058

Second Reading

Lost [**]

Plain English: The amendment adds a requirement for the Department of Labor and Employment to create an educational outreach program about overtime rules for agricultural workers.

  • Requires the Department of Labor and Employment to develop and implement a statewide education outreach program on overtime requirements for agricultural employees.
  • The amendment text does not specify how the program will be funded or what constitutes a 'significant portion' of the workforce in terms of language needs.
L.059

Second Reading

Lost [**]

Plain English: SB121_L.059 Amendment No.

  • SB121_L.059 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Lindsay 1 Amend reengrossed bill, page 2, strike line 5 and substitute "education 2 outreach - agricultural employee overtime - gifts, grants, or 3 donations - definitions.".
  • 4 Page 3, after line 13 insert: 5 "(3) (a) THE DEPARTMENT OF LABOR AND EMPLOYMENT, THROUGH 6 THE DIVISION, SHALL DEVELOP AND IMPLEMENT A STATEWIDE 7 EDUCATIONAL OUTREACH PROGRAM REGARDING OVERTIME 8 REQUIREMENTS APPLICABLE TO AGRICULTURAL EMPLOYEES.
  • 9 (b) AT A MINIMUM, THE PROGRAM MUST: 10 (I) PROVIDE CLEAR, PLAIN-LANGUAGE INFORMATION REGARDING: 11 (A) APPLICABLE OVERTIME THRESHOLDS; 12 (B) AGRICULTURAL EMPLOYEES' RIGHTS UNDER THIS ARTICLE 6; 13 AND 14 (C) AGRICULTURAL EMPLOYERS' OBLIGATIONS UNDER THIS 15 ARTICLE 6; 16 (II) BE MADE AVAILABLE IN ENGLISH AND SPANISH AND IN ANY 17 OTHER LANGUAGE SPOKEN BY A SIGNIFICANT PORTION OF THE 18 AGRICULTURAL WORKFORCE, AS DETERMINED BY THE DIVISION; 19 (III) INCLUDE PRINTED MATERIALS, DIGITAL RESOURCES, AND 20 IN-PERSON OR VIRTUAL TRAINING; 21 (IV) BE DISTRIBUTED THROUGH COMMUNITY-BASED 22 ORGANIZATIONS, WORKER CENTERS, LEGAL SERVICES PROVIDERS, AND 23 AGRICULTURAL INDUSTRY ASSOCIATIONS; 24 (V) INCLUDE OUTREACH IN RURAL AND AGRICULTURAL 25 COMMUNITIES, INCLUDING THROUGH MOBILE OR FIELD-BASED EDUCATION 26 EFFORTS, WHERE PRACTICABLE; AND 27 (VI) INCLUDE INFORMATION ABOUT HOW TO FILE A COMPLAINT OR 28 SEEK ASSISTANCE FROM THE DIVISION.
L.062

Second Reading

Lost [**]

Plain English: SB121_L.062 Amendment No.

  • SB121_L.062 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Story 1 Amend reengrossed bill, page 3, after line 14 insert: 2 "(3) THE DIRECTOR SHALL CONSIDER THE INEQUITY AND RACIST 3 ORIGINS OF THE EXCLUSION OF AGRICULTURAL EMPLOYEES FROM 4 OVERTIME AND MAXIMUM HOURS PROTECTIONS AVAILABLE TO OTHER 5 EMPLOYEES AND MAY CREATE OVERTIME PROTECTIONS THAT WOULD 6 MIRROR THE PROTECTIONS AVAILABLE TO OTHER EMPLOYEES.".
  • ** *** ** *** ** LLS: Renee Leone x2695
L.063

Second Reading

Lost [**]

Plain English: The amendment changes the overtime threshold for agricultural employees from 56 hours to 60 hours per workweek, starting January 1, 2027.

  • Changes the number of hours before overtime pay is required from 56 to 60 hours in a workweek.
  • The amendment text does not specify which agricultural employees are affected by this change.
L.064

Second Reading

Lost [**]

Plain English: The amendment allows the Department of Labor and Employment to accept reports, including anonymous ones, about violations by agricultural employers.

  • Adds a provision for the Department of Labor and Employment to receive reports on violations by agricultural employers.
  • The exact process or criteria for accepting these reports is not specified in the amendment text.
L.065

Second Reading

Lost [**]

Plain English: The amendment adds a new section to Colorado Revised Statutes that allows the Division to issue a stop work order against agricultural employers who willfully do not pay wages and fail to remedy the violation within sixty days.

  • Adds a new statute, 8-4-113.5, which permits the Division to issue a stop work order for an agricultural employer's willful nonpayment of wages if the violation is not fixed within 60 days.
  • The amendment text does not specify what happens after a stop work order is issued or how it affects employees and employers beyond preventing further work until the issue is resolved.
L.066

Second Reading

Lost [**]

Plain English: SB121_L.066 Amendment No.

  • SB121_L.066 Amendment No.
  • ___________ SB26-121 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Garcia 1 Amend reengrossed bill, page 1, line 101, strike "FIFTY-SIX" and 2 substitute "FORTY-EIGHT".
  • ** *** ** *** ** LLS: Renee Leone x2695

Bill History

  1. 2026-04-17 Senate

    Senate Considered House Amendments - Result was to Pass

  2. 2026-04-17 Senate

    Senate Considered House Amendments - Result was to Reconsider

  3. 2026-04-17 Senate

    Senate Considered House Amendments - Result was to Concur - Repass

  4. 2026-04-16 House

    House Third Reading Passed - No Amendments

  5. 2026-04-15 House

    House Second Reading Special Order - Passed with Amendments - Floor

  6. 2026-04-09 House

    House Second Reading Laid Over Daily - No Amendments

  7. 2026-04-06 House

    House Committee on Agriculture, Water & Natural Resources Refer Unamended to House Committee of the Whole

  8. 2026-03-25 House

    Introduced In House - Assigned to Agriculture, Water & Natural Resources

  9. 2026-03-25 Senate

    Senate Third Reading Passed - No Amendments

  10. 2026-03-24 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  11. 2026-03-19 Senate

    Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole

  12. 2026-02-24 Senate

    Introduced In Senate - Assigned to Business, Labor, & Technology

Official Summary Text

The

Beginning January 1 ,2027, the
bill requires an agricultural employer to pay
an

certain
agricultural
employee

employees
overtime pay for time worked in excess of
60

56
hours in a workweek.
By repealing and reenacting the section, the bill repeals the authority of the director of the division of labor standards and statistics to adopt rules concerning overtime pay for agricultural employees.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0800.01 Renee Leone x2695 SENATE BILL 26-121
Senate Committees House Committees
Business, Labor, & Technology Agriculture, Water & Natural Resources
A BILL FOR AN ACT
CONCERNING THE ESTABLISHMENT OF A THRESHOLD OF FIFTY -SIX101
HOURS IN A WORKWEEK FOR WHEN AN AGRICULTURAL102
EMPLOYER IS REQUIRED TO PAY OVERTIME TO AN103
AGRICULTURAL EMPLOYEE.104
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 w ill be av ailable at
http://leg.colorado.gov.)
The bill requires an agricultural employer to pay an agricultural
employee overtime pay for time worked in excess of 60 hours in a
workweek.
HOUSE
3rd Reading Unamended
April 16, 2026
HOUSE
Amended 2nd Reading
April 15, 2026
SENATE
3rd Reading Unamended
March 25, 2026
SENATE
Amended 2nd Reading
March 24, 2026
SENATE SPONSORSHIP
Rodriguez and Simpson, Pelton B., Bright, Catlin, Frizell, Kirkmeyer, Liston, Pelton R.,
Rich
HOUSE SPONSORSHIP
Martinez and Winter T., Barron, Bottoms, Bradfield, Bradley, Brooks, Caldwell,
DeGraaf, Duran, Garcia Sander, Gonzalez R., Hartsook, Johnson, Keltie, Mauro, McCluskie,
Richardson, Slaugh, Soper, Suckla, Taggart, Weinberg, Woog
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, 8-6-120 as follows:3
8-6-120. Overtime wages for agricultural employees -4
definitions - rules.5
(1) AS USED IN THIS SECTION:6
(a) "AGRICULTURAL EMPLOYEE" HAS THE MEANING SET FORTH IN7
SECTION 8-2-206 (1)(b).8
(b) "AGRICULTURAL EMPLOYER" HAS THE MEANING SET FORTH IN9
SECTION 8-3-104 (1).10
(c) "D ECISION-MAKING MANAGER " MEANS AN INDIVIDUAL11
PRIMARILY ENGAGED IN AGRICULTURAL WORK WHO:12
(I) I S PAID AT LEAST THE MINIMUM SALARY THRESHOLD FOR13
CERTAIN EXEMPTIONS CONTAINED IN THE PROVISIONS CONCERNING14
AGRICULTURAL WORKERS IN THE DIRECTOR 'S RULES RELATED TO15
COLORADO OVERTIME AND MINIMUM PAY STANDARDS;16
(II) IS NOT EMPLOYED ON A SEASONAL OR TEMPORARY BASIS; AND17
(III) HAS PRIMARY DUTIES THAT REQUIRE THE ROUTINE EXERCISE18
OF INDEPENDENT JUDGMENT AND DISCRETION IN MATTERS OF19
SIGNIFICANCE AND WHO EITHER:20
(A) SUPERVISES TWO OR MORE FULL-TIME EMPLOYEES, OR21
(B) REPORTS DIRECTLY TO AN OWNER OR TO AN EXECUTIVE-LEVEL22
EMPLOYEE WHO REPORTS DIRECTLY TO AN OWNER WHO ROUTINELY23
EXERCISES INDEPENDE NT JUDGMENT AND DISCRETION IN MATTERS OF24
SIGNIFICANCE IN MANUAL OR IN NONMANUAL LABOR.25
(d) "FAMILY MEMBER" MEANS A CHILD, SIBLING, SPOUSE, PARENT,26
121-2-
AUNT, UNCLE , NEPHEW , NIECE , FIRST COUSIN , GRANDCHILD , OR1
GRANDPARENT BY BLOOD, ADOPTION, OR MARRIAGE.2
(2) BEGINNING JANUARY 1, 2027, AN AGRICULTURAL EMPLOYER3
SHALL PAY AN AGRICULTURAL EMPLOYEE AT AN OVERTIME RATE FOR ANY4
TIME WORKED IN EXCESS OF FIFTY -SIX HOURS IN A WORKWEEK , EXCEPT5
FOR AN AGRICULTURAL EMPLOYEE WHO IS:6
(a) P RINCIPALLY ENGAGED IN THE R ANGE PRODUCTION OF7
LIVESTOCK ON THE OPEN RANGE , AS DESCRIBED IN 29 CFR 780.323 TO8
780.329;9
(b) A DECISION -MAKING MANAGER WHO IS EMPLOYED BY AN10
AGRICULTURAL EMPLOYER; OR11
(c) A FAMILY MEMBER OF A FAMILY OWNER OF AN AGRICULTURAL12
EMPLOYER.13
SECTION 2. In Colorado Revised Statutes, 8-4-113, amend14
(1)(a)(I); and add (1)(a)(I.5)(E) and (1)(a)(I.5)(F) as follows:15
8-4-113. Fines pursuant to enforcement - wage theft16
enforcement fund - created - administrative lien and levy of employer17
assets - wage claim payments from the fund - definition - rules.18
(1) (a) (I) (A) EXCEPT AS PROVIDED IN SUBSECTION (1)(a)(I)(B) OF19
THIS SECTION, if a case against an employer is enforced pursuant to20
section 8-4-111, any employer who without good faith legal justification21
fails to pay the wages of each of the employer's employees shall forfeit to22
the people of the state of Colorado a fine in an amount determined by the23
director or hearing officer but no more than the sum of fifty dollars per24
day for each such failure to pay each employee, commencing from the25
date that such wages first became due and payable.26
(B) FOR AN AGRICULTURAL EMPLOYER, AS DEFINED IN SECTION27
121-3-
8-3-104 (1), WHO, WITHOUT A GOOD FAITH LEGAL JUSTIFICATION,1
WILLFULLY FAILS TO PAY THE WAGES OF EACH OF THE AGRICULTURAL2
EMPLOYER'S EMPLOYEES AT LEAST THREE TIMES IN A FIVE-YEAR PERIOD,3
THE TOTAL AMOUNT FORFEITED TO THE PEOPLE OF THE STATE OF4
COLORADO PURSUANT TO SUBSECTION (1)(a)(I)(A) OF THIS SECTION MAY5
BE INCREASED BY TEN PERCENT.6
(I.5) An employer found to have misclassified an employee as a7
nonemployee in a way that may affect a wage and hour payment or8
reporting obligation under a state, federal, or local law, rule, or regulation9
shall pay a fine in the following amounts, increased by the director by rule10
by January 1, 2028, and by rule by January 1 every other year based on11
the prior two years' increase, if any, in the United States department of12
labor's bureau of labor statistics consumer price index, or a successor13
index, for Denver-Aurora-Lakewood for urban wage earners and clerical14
workers, per employee, in addition to any other relief ordered:15
(E) FOR AN AGRICULTURAL EMPLOYER, AS DEFINED IN SECTION16
8-3-104 (1), WITH A THIRD OR SUBSEQUENT WILLFUL VIOLATION WITHIN17
FIVE YEARS, THE FINE UNDER SUBSECTION (1)(a)(I.5)(C) OF THIS SECTION18
IS INCREASED BY TWENTY THOUSAND DOLLARS; AND19
(F) F OR AN AGRICULTURAL EMPLOYER, AS DEFINED IN SECTION20
8-3-104 (1), WITH A THIRD OR SUBSEQUENT WILLFUL VIOLATION THAT IS21
NOT REMEDIED WITHIN SIXTY DAYS AFTER THE DIVISION'S FINDING, THE22
FINE UNDER SUBSECTION (1)(a)(I.5)(D) OF THIS SECTION IS INCREASED BY23
FORTY THOUSAND DOLLARS.24
SECTION 3. Applicability. This act applies to time worked and25
contracts entered into or renewed on or after the effective date of this act.26
SECTION 4. Safety clause. The general assembly finds,27
121-4-
determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety or for appropriations for2
the support and maintenance of the departments of the state and state3
institutions.4
121-5-