/Colorado adopts revised overtime rules for agricultural workers
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Colorado adopts revised overtime rules for agricultural workers

The Colorado Dehalfment of Labor and Employment has formally undertakeed new agricultural further time guidelines that it says will make Colorado “Amongst The numerous prime states for worker rights and protections.”

“Solely six completely different states have any ag further time, and only 4 of these have comparable or stronger further time rights,” a Nov. 11 assertion from CDLE said.

Senate Invoice 21-87, which Gov. Jared Polis signed into regulation in June, required CDLE’s Division of Labor Requirements and Statistics to undertake new guidelines dictating further time pay for staff on the state’s farms and ranches. Beforehand, the state had exempted agricultural employers from all further time pay requirements.

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The guidelines have been undertakeed as An factor of the annual Colorado Overtime and Minimal Pay Requirements Order, or COMPS Order For short-term. CDLE launched a proposed mannequin of the COMPS Order on Sept. 30, and revised The further time guidelines after accepting suggestions from the agricultural enterprise and worker advocates.

Beneath The final COMPS Order, from Nov. 1, 2022 by way of Dec. 31, 2023, agricultural employers should current further time pay at one-and-a-half occasions the common price for Greater than 60 hours labored in a single week.

Then, starting in 2024, “extremely seasonal” ag employers should pay further time for Greater than 56 hours labored in a single week Through the busiest 22 weeks of the yr. The The rest of the yr, extremely seasonal employers should current further time pay after simply 48 hours. Farms can outline their 22-week peak seasons based mostly on their particular person wants.

Agricultural employers That are not extremely seasonal should pay further time after 54 hours starting in 2024, and after 48 hours starting in 2025. Neverthemuch less, small agricultural employers, whether or not seasonal or not, have A higher threshold of 56 hours for further time pay in 2024 only. The final order outlines small employers as these with A imply adsimplyed gross income of $1 million or much less over the three yrs previous 2024.

Usually, the COMPS Order requires an agricultural worker who works Greater than 15 consecutive hours or 15 hours in a single day to be paid An further quantity equal To at least one hour’s pay On the minimum wage.

These measures give Colorado the nation’s strongest protections in the direction of hazardously prolonged hours.

– Scott Moss, director of CDLE’s Division of Labor Requirements and Statistics

The final mannequin of the COMPS Order consists of an exemption from all further time pay requirements for farm and ranch house proprietors; and for these staff who, by blood, undertakeion or marriage, are The kid, sibling, companion, mother or father, aunt, uncle, nephew, niece, first cousin, grandchild or grandmother or father of a farm or ranch proprietor.

The order furtherly currents an exemption from further time For therefore-referred to as “choice-making supervisors” at livestock employers like dairies, cattle ranches and feedlots. Decision-making livestock supervisors — Similar to People who supervise two or extra full-time staff — Want to be paid A minimum of the Colorado minimum wage for every hour labored, which is $12.56 starting in 2022.

The mannequin new further time guidelines Do not apply To vary staff Who’re paid A minimum of the profession-particular minimum wage set by the state in its annual Publication And Yearly Calculation of Adsimplyed Labor Compensation Order, or PAY CALC Order. For 2022, Which implys differ staff Want to be paid a minimum of $515 per week.

“These measures give Colorado the nation’s strongest protections in the direction of hazardously prolonged hours,” Scott Moss, director of the Division of Labor Requirements and Statistics, said in CDLE’s assertion on the new further time guidelines. “We undertakeed many good ideas from farm, ranch, and dairy companies to accommodate their operations wants — versatile peak seasons with lowered further time, yrs-prolonged half-in, household farmer and livestock supervisor exemptions, and extra.”

SB-87 furtherly required CDLE to undertake agricultural labor circumstances guidelines, collectively with protections from warmth-associated sickness and damage; requirements for clear consuming water and shade; And further safety measures For prime-hazard circumstances. CDLE launched proposed labor circumstances guidelines on Oct. 29 and is accepting suggestions till Dec. 20.

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