New CDLE ag overtime rules

The Colorado Department of Labor and Employment’s (CDLE) Division of Labor Standards and Statistics (DLSS) has published as final the revised Agricultural Overtime Rules. The rules reflect extensive input from hundreds of Colorado workers and employers from statewide listening sessions, public meetings, and written comments. The rules are part of the Colorado Overtime and Minimum Pay Standards Order.

Some of the changes based directly on stakeholder input include: 

• a relaxed 56-hour overtime standard for “peak seasons” at seasonal farms, which can define their peak seasons based on their individual needs; 

• very gradual phase-in — a year before any overtime starts, three years before full overtime requirements — to let employers consider options like increasing hiring or adjusting schedules to limit overtime; and

• robust new overtime exemptions for family members employed on family farms, and for managers at livestock ranches, feedlots, and dairies.

Colorado’s new rules will make it among the top states for worker rights and protections:

• Fifth strongest ag overtime in the country. Only six other states have any ag overtime, and only four states have stronger overtime rights.

• Expanding overtime rights discourages excess hours, increasing both jobs and safety. Historically, the purpose of overtime hasn’t been extra money — it’s encouraging shorter work hours, especially in tough manual labor. Excess hours increase injuries and deaths, and stifle labor force participation. Colorado’s and other states’ experiences with overtime rules confirm: expanding overtime rights increases jobs: more workers stay in the workforce, and employers hire more rather than just assign more hours.

• Adding heat safety and service access rules gives Colorado the third-strongest ag labor rights. The rules include heat protections (water, shade, extra breaks during heat, and more) which only three states have — plus access to service providers in long workweeks.

“Our rules give Colorado the nation’s strongest protections against hazardously long hours, not just time-and-a-half overtime at 48 hours for most ag workers, but also — between our now-final overtime rules, and our pending heat protection and service access rules — much-needed extra paid breaks in long days, long weeks, and high heat,” said Scott Moss, Director of the CDLE Division of Labor Standards and Statistics. “We adopted many good ideas from farm, ranch, and dairy owners to accommodate their operations needs — flexible peak seasons with reduced overtime, years-long phase-in, family farmer and livestock manager exemptions, and more. These rules are better for all Coloradans, thanks to their extremely constructive participation in our extensive, open, statewide outreach.”