Senate committee advances bill to raise agricultural overtime threshold to 60 hours

Senators on the Business, Labor and Technology Committee advanced Senate Bill 121, which would raise the overtime threshold for agricultural workers to 60 hours per week, after hearing hours of testimony from farmers, industry groups and worker advocates.

Sen. Danielson, the bill’s sponsor and chair for parts of the hearing, framed SB121 as a response to the unique seasonality and labor demands of agriculture and said the proposal was aimed at keeping family farms viable. “This is about creating a healthier ecosystem where we have a genuine and shared interest in hanging on to what we have,” a sponsor said, noting USDA data about farmland loss and thin farm margins.

The committee considered two sponsor amendments (L002 and L003) that codify certain wage‑order definitions in statute and adjust the bill’s implementation date. Committee members and fiscal staff discussed whether those technical changes would require additional rulemaking; legislative fiscal staff advised that, with the implementation date tied to the annual COMPS update, the amendments remove an immediate fiscal note.

Supporters of SB121 — including the Rocky Mountain Farmers Union, Colorado Farm Bureau affiliates, the acting commissioner of agriculture and producers from feedlots and specialty crops — emphasized the industry’s narrow harvest windows and low margins. “When our sweet corn, we had 3 days to harvest that before it started to lose its flavor. We had to make sure that we could get it to market in time,” said Robert Sakata, acting commissioner of agriculture, urging a 60‑hour threshold.

Opponents, including farmworker advocates, union representatives and legal services attorneys, urged the committee to preserve or strengthen the overtime protections enacted in 2021 and to adopt SB81’s 40‑hour baseline. Worker advocates described heat stress, pesticide exposure and the difficulty workers face in raising safety concerns. “Overtime protections exist to ensure that workers are compensated fairly for long hours,” said Zenaida Huerta of the UFW Foundation, urging opposition to SB121.

Committee action: after debate, the panel adopted L002 and L003 on 3–2 votes and then voted 3–2 to send SB121, as amended, to the Committee of the Whole with a favorable recommendation (yes: Sen. Catlin, Sen. Liston, Chair; no: Sen. Judah, Sen. Danielson).

What happens next: SB121 will be considered by the Committee of the Whole; any further amendments and a floor vote would follow committee scheduling.