What began as a showdown between two competing agricultural overtime pay bills at the Colorado Capitol may end with a simple tweak to current law after an amended bipartisan bill narrowly passed the state Senate last week.
A 2021 law fundamentally changed how Colorado farmworkers get paid by allowing overtime pay. Prior to that, agricultural work was exempt from state and federal overtime wage laws.
Under the current law, which took full effect in 2025, overtime for farmworkers kicks in after either 56 or 48 hours of work in a week, depending on the type and timing of farm work.
This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
But Democratic lawmakers at the Capitol now disagree on whether that threshold should be lowered or increased.
Democratic state Sen. Jessie Danielson of Wheat Ridge sponsored the 2021 bill. This session, she sought to lower the overtime threshold for farmworkers to 40 hours a week, which is standard in most industries.
She said agricultural workers’ labor is no less valuable than workers in any other industry and their wages should reflect that.
“[(Agricultural employers]) have been exempt from having to pay overtime for a very long time,” Danielson said. “Of course they don’t like having to do it now. I understand that. I disagree with it.”
State Sen. Jessie Danielson, D-Wheat Ridge, speaks at a pro-union rally on the west steps of the Colorado Capitol on March 19, 2025. (Jesse Paul, The Colorado Sun)But the Senate Business, Labor and Technology committee rejected that proposal earlier this month.
Opponents say the highly seasonal and unpredictable nature of agricultural work makes it fundamentally different from other sectors and justifies separate treatment under labor law. Farmwork, after all, can be very long and intense during a short harvest window and then dry up entirely during the off-season.
“Agricultural employers simply cannot afford to pay overtime at 40 hours,” said Senate Majority Leader Robert Rodriguez, a Denver Democrat. “The agricultural industry is commodity driven and cannot pass on production costs to their customers.”
Rodriguez had his own bipartisan legislation, Senate Bill 121, seeking to bump up the overtime threshold to 60 hours a week. Ultimately it was amended to 56 hours a week across the board — with exceptions for farmers’ family, managers and workers to manage livestock on the open range — which Rodriguez described as a small concession to opponents who preferred a lower threshold.
Right now, overtime must be paid to farmworkers after 48 hours. The threshold increases to 56 hours during 22 peak weeks for highly seasonal employers.
“Fifty-six hours is a reasonable overtime threshold that will mean ag workers will take home more pay than they are today,” Rodriguez said in an email. “My goal has been to provide meaningful overtime protections for ag workers and work towards a policy that ensures workers will take home as much money as they can.”
Senate Majority Leader Robert Rodriguez, D-Denver, speaks at a news conference on artificial intelligence regulation on Wednesday, Aug. 20, 2025, at the Colorado Capitol in Denver. (Jesse Paul, The Colorado Sun)Supporters of the 56-hour a week threshold say anything lower ultimately hurts the workers it was intended to protect, because farmers would either switch to less labor-intensive crops or hire multiple crews to work shorter shifts.
“The current overtime regulations have resulted in workers losing hours and therefore losing money,” Rodriguez said.
The goal, according to Senate Minority Leader Cleave, an Alamosa Republican who is another main sponsor of Rodriguez’s proposal, was to craft a policy that would benefit agricultural employers and workers alike.
“It’s about trying to find a medium where you have respected, valued workers and profitable producers so we can continue to be a viable industry in this state,” Simpson said.
Before the bill narrowly passed in the state Senate — 19-16, with a handful of Democrats joining all the chamber’s Republicans to advance the measure — opponents tried to amend it to lower overtime thresholds, remove the exemption for range workers, increase overtime wages and add other worker protections.
Those attempts were all turned down.
Danielson, who grew up on her family’s farm in Weld County, said she was dismayed by the outcome.
“I believe that this is the wrong direction to take our law,” she said. “I believe that this makes this vulnerable workforce more vulnerable.”
Senate Bill 121 now heads to the House.
Colorado Sun staff writer Jesse Paul contributed to this report.
This story was produced by the Capitol News Alliance, a collaboration between KUNC News, Colorado Public Radio, Rocky Mountain PBS, and The Colorado Sun, with support from news outlets throughout the state. Startup funding for the Alliance was provided in part by the Corporation for Public Broadcasting.
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