SB 121: Overtime Threshold for Agricultural Employees - Colorado

Rerevised → Final Act · 4 edits · Apr 22, 2026

MODERATE

This bill establishes a new overtime threshold for agricultural employees in Colorado, requiring employers to pay overtime for hours worked beyond 56 in a workweek, down from the previous 60-hour limit. The law also increases fines for employers who willfully fail to pay wages, particularly for repeat offenders, and clarifies definitions for exempt employees such as decision-making managers and family members of owners.

Scope change

The bill expands the scope of overtime protections for agricultural workers by lowering the weekly hour threshold from 60 to 56, while maintaining specific exemptions for open-range livestock production, decision-making managers, and family members of agricultural employer owners.

REQUIREMENT

The overtime threshold for agricultural employees was reduced from 60 hours to 56 hours per workweek, effective January 1, 2027.

ENFORCEMENT

Fines for willful failure to pay wages were increased for agricultural employers with multiple violations, including a $20,000 increase for a third violation within five years and an additional $40,000 if the violation is not remedied within 60 days.

DEFINITION

New definitions were added to clarify who qualifies as a 'decision-making manager' and 'family member' for the purpose of overtime exemptions.

ELIGIBILITY

Exemptions from overtime requirements were explicitly maintained for employees primarily engaged in open-range livestock production, decision-making managers, and family members of agricultural employer owners.

Revised → Rerevised · 4 edits · Apr 16, 2026

MODERATE

The bill text was updated from 'Revised' to 'Rerevised' status, indicating that further amendments were adopted by the Senate. Additionally, a significant new provision was added regarding fines for employers who misclassify employees, specifically increasing penalties for agricultural employers with third or subsequent willful violations.

Scope change

The bill's scope was expanded to include specific enforcement penalties for agricultural employers who repeatedly misclassify workers.

ENFORCEMENT

Added a new subsection requiring employers found to have misclassified employees to pay fines that increase annually based on the Consumer Price Index.

Added a specific penalty increase of twenty thousand dollars for agricultural employers with a third or subsequent willful violation within five years.

STATUS

Updated the document header from 'Revised' to 'Rerevised' to reflect the inclusion of all amendments adopted in the Second House.

TIMELINE

Added a reading date stamp for the House indicating the bill was read unamended on April 16, 2026.

Reengrossed → Revised · 4 edits · Apr 15, 2026

MODERATE

The bill was revised to include amendments adopted during the second reading in the Senate, updating the status from 'Reengrossed' to 'Revised'. The substantive text regarding overtime thresholds and definitions remains largely unchanged, though minor formatting adjustments were made to the summary and section headers. The most significant addition is a new section detailing specific fine increases for agricultural employers who willfully fail to pay wages multiple times or misclassify employees, increasing penalties by 10% for repeat wage theft and by $20,000 for repeat misclassification.

Scope change

The bill's scope regarding overtime eligibility and thresholds remains unchanged; however, the enforcement section was expanded to include specific penalty enhancements for repeat violations by agricultural employers.

TECHNICAL

The header was updated to reflect that the version includes amendments adopted on second reading in the second house, changing the status from 'Reengrossed' to 'Revised'.

Minor formatting adjustments were made to the bill summary and section numbering to align with the revised markup.

ENFORCEMENT

New provisions were added to Section 2 to increase fines for agricultural employers who willfully fail to pay wages at least three times in five years (increased by 10%) and for those with a third or subsequent willful misclassification violation within five years (increased by $20,000).

New provisions were added to Section 2 regarding the adjustment of fines for employee misclassification based on the Consumer Price Index, specifically applying a $20,000 increase for agricultural employers with repeat violations.

Engrossed → Reengrossed · 2 edits · Mar 25, 2026

MINOR

The bill was reengrossed to include additional sponsors and updated the bill summary to reflect that it is now at the 3rd Reading stage. No substantive policy changes, such as new funding, eligibility criteria, or operational requirements, were introduced in this version.

TECHNICAL

Added new co-sponsors (Bright, Catlin, Frizell, Kirkmeyer, Liston, Pelton R., Rich) to the Senate sponsorship list.

Updated the bill summary header to indicate the bill is at the 3rd Reading Unamended stage with a new date of March 25, 2026.

Introduced → Engrossed · 3 edits · Mar 24, 2026

MINOR

The bill was amended to change the overtime threshold for agricultural employees from 60 hours to 56 hours per week. Additionally, the bill now explicitly defines a 'decision-making manager' as someone paid at least the minimum salary threshold, not employed seasonally, and who either supervises two or more full-time employees or reports directly to an owner or executive-level employee. These changes tighten the rules on who qualifies for overtime pay and clarify the criteria for managerial exemptions.

Scope change

The scope of overtime protection was narrowed by lowering the hourly threshold from 60 to 56 hours, meaning more agricultural workers will now be eligible for overtime pay. The applicability of the 'decision-making manager' exemption was also clarified with specific criteria regarding supervision and reporting structure.

REQUIREMENT

The overtime threshold was reduced from 60 hours to 56 hours in a workweek, requiring employers to pay overtime sooner.

DEFINITION

A new definition for 'decision-making manager' was added, specifying that such individuals must be paid at least the minimum salary threshold, not be seasonal/temporary, and have specific supervisory or reporting duties.

ELIGIBILITY

The criteria for exempting agricultural employees from overtime rules were modified to include the new 'decision-making manager' definition alongside the existing family member exemption.

Overtime Threshold for Agricultural Employees

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