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Pre-rulemaking Comments on Overtime Rights for Agricultural Workers (SB 87)

Exploitation of Immigrants and Guestworkers Policy Advocacy

Overview

Towards Justice, a Colorado-based nonprofit legal organization that advocates for and collaborates with workers and workers’ organizations to build worker power and advance economic justice, submits these comments in anticipation of the proposed rules providing meaningful overtime and maximum hours protections for agricultural employees pursuant to SB87. Specifically, we encourage the Colorado Department of Labor and Employment (CDLE) to incorporate agricultural workers into the basic overtime protections enjoyed by other Colorado workers. That is, effective January 31, 2022, agricultural employees should be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty hours per workweek, (2) twelve hours per workday, or (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages.

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