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.