Agricultural Labor Rights and Responsibilities Act (ALRRA)

As of June 25, 2021, Senate Bill 21-087 (SB87), on agricultural labor rights and responsibilities came into effect with the Division adopting all rules as of January 31, 2022, and then published guidance and those rules as of February 28, 2022. For a brief overview of SB87 click here.

For a summary of the requirements of the ALRRA click here. Each section of the ALRRA has its own Interpretive Notice & Formal Opinion (“INFO”) sheet, which are summarized below but also the complete INFO sheets are linked below each section. CCA is available for further questions related to ag labor guidelines. 

 

Click here for the Colorado Agriculture Labor and Employment Compliance Guide 

 

 

Wages and Breaks

  • Minimum wage: Pay must be at least $12.56 per hour in 2022, which rises each year due to the cost of living
    • Piece rate or other pay must still total at least the minimum wage for the worker’s hours that week.
  • Time-and-a-half overtime: For example, a worker’s regular pay of $14 per hour would be increase to $21 per hour after these stipulations:
    • As of November 1, 2022, overtime is after 60 hours- number of hours drops in 2024-25
    • By 2025, overtime will be after 48 hours (56 hours for highly seasonal employers’ peak seasons)
  • Rest breaks: Workers must be fully relieved of duty for paid breaks of 10 minutes every 4 hours, plus:
    • The third paid rest break must be 30 minutes in days over 12 hours
    • An extra 1-hour break in weeks over 60 hours, or two extra 1-hour breaks in weeks over 70 hours
    • Meal breaks: In workdays of at least 5 hours, workers must be given a 30-minute meal break
      • If fully relieved of duty, meal breaks can be unpaid
      • In weeks over 40 hours, workers can extend an unpaid meal break to 60 minutes.

*For a more detailed description on wages please click here.
*For a more detailed description on breaks please click here.

Worksite Access to Key Service Providers (health/legal/education/etc.)

  • Key service providers can be seen by workers at the worksite when off duty, or on-duty for health needs
  • In long weeks, and extra 60-minute paid break is required
    • One break in 60+hr weekstwo in 70+hr weeks
    • Housed workers can have visitors when off-duty, and weekly transportation to see service providers.

 *For a more detailed description on worksite access to key service providers please click here.

Health and Safety Protections: Heat; Housing; Weeding and Thinning

  • Workers have the right to water and shade when the temperature is 80 degrees or higher
    • Water- 32 ounces an hour, 60 degrees or colder
    • Shadeclose enough to worksites, and with enough space, for breaks
  • With these increased risk conditions, workers must have 10 minutes’ paid rest after each 2 hours worked:
    • 95 degrees or higher
    • Unhealthy air quality
    • First 4 days of work
    • Work requiring heavy clothing/gear
    • Days over 12 hours
  • Short-handled hoes are not allowed, and for other weeding or thinning:
    • Gloves and knee pads must be provided for any hand-weeding, -thinning, or hot-capping
    • Stooped, kneeling, or squatting work is strongly disfavored
  • Housing: during a public health emergency, employer-provided housing must meet minimum square footage requirements, and employers must provide safety materials and training. 

*For a more detailed description on Health and Safety protections please click here.

Enforcement: Notice of Rights; Retaliation; Complaints and Questions

  • Employers must notify employees of ALRRA rights, including with worksite postings and trainings, and cannot retaliate against anyone for trying to use or defend and ALRRA rights or protections.
  • Workers can file complaints of violations, and employers can ask questions about compliance. These can be done by contacting the Division of Labor Standards and Statistics

*For more information on enforcement: notice of rights; retaliation; complaints and questions; and for contact information for the Division of Labor Standards and Statistics please click here.

Union Rights and Responsibilities 

  • If workers ask, the Division runs elections for them to vote whether to form a union to represent them.
  • The Division investigates unfair labor practice complaints

*For more information on union rights and responsibilities please click here.

Posting Resources for your business are linked below:

ALRRA Posters

  • English Version: click here
  • Spanish Version: click here

CO Posters: click here
Federal Posters: click here

CO Department of Labor and Employment- Laws, Regulations, and Guidance click here