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

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.

Read Towards Justice’s comments submitted to the Colorado Department of Labor and Employment on September 28, 2021

Press:

Colorado Public Radio: Colorado’s first overtime rules for farmworkers are coming. But workers question who the changes help most

Fox31: Latino community calls on Polis for equal overtime rights for farmworkers

9News: Latino community leaders call for equal overtime rights for Colorado farmworkers

CBS4 Denver: Farm Workers’ Advocates Claim Proposed Rules By Colorado Department Of Labor Regarding Overtime Is Unfair

Telemundo Denver: Trabajadores del campo piden pago de horas extras en Colorado

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Our litigators help workers advance legal claims that address systemic injustice. We use antitrust, anti-slavery, fraud, wage-and-hour, and common-law challenges to address the wide variety of practices that nickel-and-dime low-wage workers out of their hard-earned wages. We have represented a hundred thousand childcare workers alleging wage suppression, tens of thousands of immigrant detainees alleging forced labor, and hundreds of construction workers, shepherds, manicurists, janitors, and kitchen hood cleaners. We are leaders in challenging anti-competitive practices that reduce worker bargaining power and support marginalized people who challenge structural impediments to their advancement.

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