Senate Committee of Reference Report
Committee on Business, Labor, & Technology
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March 19, 2026
After consideration on the merits, the Committee recommends the following:
SB26-121 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, after line 5 insert:
Page 1, Line 2"The director shall promulgate rules providing meaningful
Page 1, Line 3overtime and maximum hours protections to agricultural employees to be
Page 1, Line 4proposed no later than October 31, 2021, and adopted no later than
Page 1, Line 5January 31, 2022. In promulgating such rules, the director shall consider
Page 1, Line 6the inequity and racist origins of the exclusion of agricultural employees
Page 1, Line 7from overtime and maximum hours protections available to other
Page 1, Line 8employees, the fundamental right of all employees to overtime and
Page 1, Line 9maximum hours standards that protect the health and welfare of
Page 1, Line 10employees, and the unique difficulties agricultural employees have
Page 1, Line 11obtaining workplace conditions equal to those provided to other
Page 1, Line 12employees.".
Page 1, Line 13Page 2, after line 10 insert:
Page 1, Line 14"(c) "Decision-making manager" means an individual
Page 1, Line 15primarily engaged in agricultural work who:
Page 1, Line 16(I) Is paid at least the minimum salary threshold for
Page 1, Line 17certain exemptions contained in the provisions concerning
Page 1, Line 18agricultural workers in the director's rules related to
Page 1, Line 19Colorado overtime and minimum pay standards;
Page 1, Line 20(II) Is not employed on a seasonal or temporary basis; and
Page 1, Line 21(III) Has primary duties that require the routine exercise
Page 1, Line 22of independent judgment and discretion in matters of
Page 1, Line 23significance and who either:
Page 1, Line 24(A) Supervises two or more full-time employees, or
Page 1, Line 25(B) Reports directly to an owner or to an executive-level
Page 2, Line 1employee who reports directly to an owner who routinely
Page 2, Line 2exercises independent judgment and discretion in matters of
Page 2, Line 3significance in manual or in nonmanual labor.
Page 2, Line 4(d) "Family member" means a child, sibling, spouse, parent,
Page 2, Line 5aunt, uncle, nephew, niece, first cousin, grandchild, or
Page 2, Line 6grandparent by blood, adoption, or marriage.".
Page 2, Line 7Page 2, strike line 11 and substitute:
Page 2, Line 8"(2) Beginning January 1, 2027, an agricultural employer
Page 2, Line 9shall pay an".
Page 2, Line 10Page 2, line 15, strike "(I)" and substitute "(a)".
Page 2, Line 11Page 2, line 18, strike "(II)" and substitute "(b)".
Page 2, Line 12Page 2, strike lines 19 through 23 and substitute "agricultural
Page 2, Line 13employer; or".
Page 2, Line 14Page 2, line 24, strike "(III)" and substitute "(c)".
Page 2, Line 15Page 2, strike lines 26 and 27.
Page 2, Line 16Page 3, strike lines 1 through 12.