From JDSupra, Jane Waterman-Joyce and Kristin White discuss recently enacted legislation including a new law that increases penalties for agricultural employers who repeatedly misclassifiy workers. Jane and Kristin writes:
Agricultural Overtime Rules Scaled Back – But Penalties Ramped Up (SB 121)
Colorado currently requires overtime pay for agricultural employees who work beyond 48 weekly hours (56 hours for certain highly seasonal workers). Lawmakers clashed this year over whether to make it easier or harder for ag workers to qualify for overtime, but SB 121 ultimately prevailed and will raise the weekly hours threshold. Starting January 1, 2027, agricultural employees will need to work more than 56 hours in a workweek for overtime pay to kick in, subject to certain limited exemptions.
In addition, SB 121 significantly increased the penalties for agricultural employers who repeatedly fail to pay wages or misclassify workers – the new penalty amounts took effect immediately on May 4, 2026, and penalties for certain misclassifications will increase again in 2028 and every other year thereafter.
