Written Comments Submitted on Agricultural Labor Rulemaking

On June 25, 2021, Senate Bill 21-087 (“SB87”), on agricultural labor rights and responsibilities, was signed into law by Governor Jared Polis. Though SB87 took effect as law immediately upon being signed, its provisions take effect with varied dates. SB87 requires the CDLE Division of Labor Standards and Statistics to propose, solicit public comment on, and then adopt new rules for agriculture:

(1) On three wage-and-hour issues: overtime pay; minimum wages; and breaks. These new wage-and-hour rules for agriculture will be be implemented as amendments to Colorado’s existing set of wage-and-hour rules, the Colorado Overtime and Minimum Pay Standards Order, or “COMPS Order.” (Note that while SB87 leaves overtime standards to be determined by the Division in this rulemaking, SB87 largely dictates the minimum wage and break standards, leaving the Division little discretion to change them.)

(2) On two labor conditions: heat illness and injury; and worker’s access to service providers. These new labor conditions rules for agriculture will be implemented as a new set of agriculture-specific rules, separate from the COMPS Order.

The Colorado Department of Agriculture (CDA) also is charged with rulemaking on other aspects of SB87; for more information, visit the CDA rulemaking website.

On August 11, 2021, the Division issued INFO #12: Agricultural Labor Rights and Responsibilities under Colorado Senate Bill 21-87, an initial "fact sheet" that summarizes the requirements of and provides some guidance on the provisions of SB87.

For more information on this rulemaking, including a full calendar of events, the schedule for hearings and public written comments, and the link to submit comments, visit the Division's agricultural labor rights and responsibilities page. All written comments the Division receives are posted below on this page.

For questions on rulemaking events, comment submission, or other processes, email michael.primo@state.co.us. For press inquiries, email cher.haavind@state.co.us. Thank you for your interest in these important matters.