Increase Agricultural Employee Overtime Protections

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-081 LLS NO. 26-0351.01 Renee Leone x2695 SENATE SPONSORSHIP Danielson, HOUSE SPONSORSHIP Velasco, Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT CONCERNING THE ESTABLISHMENT OF AN OVERTIME THRESHOLD FOR AGRICULTURAL EMPLOYEES CONSISTENT WITH THE THRESHOLD APPLICABLE TO OTHER WORKERS IN COLORADO.

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 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: SECTION 1. In Colorado Revised Statutes, amend 8-6-120 as follows: 8-6-120. Overtime wages for agricultural workers - legislative declaration.

(1) The director shall promulgate rules providing meaningful overtime and maximum hours protections to agricultural employees to be proposed no later than October 31, 2021, and adopted no later than January 31, 2022. In promulgating such rules, 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, the fundamental right of all employees to overtime and maximum hours standards that protect the health and welfare of employees, and the unique difficulties agricultural employees have obtaining workplace conditions equal to those provided to other employees.

(1) Legislative declaration.

(a) THE GENERAL ASSEMBLY FINDS THAT:

(I) AGRICULTURAL WORKERS PERFORM ESSENTIAL LABOR THAT SUSTAINS COLORADO'S FOOD SYSTEMS AND BROADER ECONOMY YET ARE EXCLUDED FROM MANY BASIC LABOR PROTECTIONS AFFORDED TO OTHER WORKERS, INCLUDING OVERTIME PROTECTIONS;

(II) FEDERAL OVERTIME PROTECTIONS FOR WORKERS WERE ESTABLISHED IN THE "FAIR LABOR STANDARDS ACT OF 1938", BUT CONGRESS EXCLUDED FARMWORKERS AND DOMESTIC WORKERS FROM SUCH PROTECTIONS. COLORADO, ALONG WITH SEVERAL OTHER STATES, IMPORTED THE FEDERAL ACT'S EXCLUSION INTO ITS STATE LAW AND THAT LEGACY CONTINUES TO IMPACT COLORADO AGRICULTURAL WORKERS.

(III) MOST WORKERS IN COLORADO EARN OVERTIME COMPENSATION AFTER FORTY HOURS IN A WORKWEEK OR TWELVE HOURS IN A WORKDAY. THIS REFLECTS THE STATE'S LONG-STANDING POLICY THAT EXTENDED WORK HOURS SHOULD BE COMPENSATED AT A PREMIUM RATE.

(IV) AGRICULTURAL WORKERS, HOWEVER, RECEIVE OVERTIME PAY ONLY AFTER WORKING MORE THAN FORTY-EIGHT HOURS IN ONE WEEK, AND HIGHLY SEASONAL AGRICULTURAL WORKERS RECEIVE OVERTIME PAY ONLY AFTER WORKING MORE THAN FIFTY-SIX HOURS IN ONE WEEK.

AGRICULTURAL WORKERS DO NOT RECEIVE DAILY OVERTIME PAY.

(V) OVERTIME PROTECTIONS ARE A FUNDAMENTAL COMPONENT OF FAIR LABOR STANDARDS, INTENDED TO:

(A) PREVENT OVERWORK;

(B) PROMOTE HEALTH AND SAFETY;

(C) ENSURE THAT EMPLOYEES ARE FAIRLY COMPENSATED FOR EXTENDED HOURS OF LABOR; AND

(D) SUPPORT THE FAMILY AND COMMUNITY RELATIONSHIPS THAT ARE THE FOUNDATION FOR A THRIVING ECONOMY;

(VI) EXTENDING EQUITABLE OVERTIME PAY TO AGRICULTURAL EMPLOYEES RECOGNIZES THE VALUE OF THEIR LABOR, PROMOTES ECONOMIC STANDARDS WITH THOSE OF OTHER INDUSTRIES; AND FAIRNESS, AND ALIGNS AGRICULTURAL EMPLOYMENT

(VII) IN SENATE BILL 21-087, ENACTED IN 2021, THE GENERAL ASSEMBLY DIRECTED THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT TO ADOPT OVERTIME RULES FOR AGRICULTURAL WORKERS THAT WOULD ADDRESS "THE INEQUITY AND RACIST ORIGINS OF THE EXCLUSION OF AGRICULTURAL EMPLOYEES FROM OVERTIME AND MAXIMUM HOURS PROTECTIONS AVAILABLE TO OTHER EMPLOYEES".

DESPITE THIS DIRECTION, AGRICULTURAL WORKERS ARE STILL REQUIRED TO WORK MORE HOURS TO EARN OVERTIME THAN MOST OTHER WORKERS IN THE STATE.

(b) THE GENERAL ASSEMBLY THEREFORE DECLARES THAT AGRICULTURAL EMPLOYEES ARE ENTITLED TO OVERTIME PROTECTIONS CONSISTENT WITH THOSE PROVIDED TO OTHER WORKERS AND THAT ELIMINATING OUTDATED EXCLUSIONS IS NECESSARY TO REMEDY LONGSTANDING INEQUITIES IN COLORADO LABOR LAW.

(2) BEGINNING JANUARY 1, 2027, AN AGRICULTURAL EMPLOYEE WHO IS ENTITLED TO RECEIVE A MINIMUM WAGE PURSUANT TO THE PROVISIONS CONCERNING AGRICULTURAL WORKERS IN THE DIRECTOR'S RULES RELATED TO COLORADO OVERTIME AND MINIMUM PAY STANDARDS SHALL BE PAID OVERTIME, AT A RATE OF ONE AND ONE-HALF TIMES THE EMPLOYEE'S REGULAR RATE OF PAY, FOR ANY WORK PERFORMED IN EXCESS OF:

(a) FORTY HOURS PER WORKWEEK;

(b) TWELVE HOURS PER WORKDAY; OR

(c) TWELVE CONSECUTIVE HOURS WITHOUT REGARD TO THE START AND END TIME OF THE WORK SHIFT.

SECTION 2. Act subject to petition - effective date. 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.