Colorado’s SB26-121 has been introduced by Senate Majority Leader Robert Rodriguez (D) and Minority Leader Cleave Simpson (R) and, if enacted, would significantly change overtime rules for Colorado agriculture. 

What the Bill Would Do 

Under current law, adopted through Colorado SB21-087, most Colorado agricultural employers must pay overtime at time and a half after 54 hours in a workweek. Highly seasonal or small employers have been subject to a 56-hour threshold. Those thresholds were scheduled to tighten, and many operations saw the overtime trigger drop to 48 hours last year. 

SB26-121 would establish a uniform overtime threshold of 60 hours in a workweek for agricultural employees. 

In short, the bill would move Colorado back to a higher overtime trigger for farm labor.  

The bipartisan bill is additionally sponsored in the Colorado General Assembly by Majority Co-Whip Matthew Martinez (D) and Assistant Minority Leader Ty Winter (R), and it is reported to have the support of the Governor. 

Why This Matters to Growers 

Many specialty crop operations face compressed harvest windows driven by weather and market conditions. Lower overtime thresholds can increase costs quickly during those critical weeks. A 60-hour standard would provide more flexibility for longer workweeks when necessary, without triggering overtime as early. It would also help workers whose hours have been cut to avoid paying the costly overtime premium.  

At the same time, growers should keep in mind that overtime at 1.5 times the regular rate would still apply once the 60-hour threshold is exceeded.