Overtime wages for agricultural employees - definitions

(1) As used in this section: (a) "Agricultural employee" has the meaning set forth in section 8-2-206 (1)(b). (b) "Agricultural employer" has the meaning set forth in section 8-3-104 (1). (c) "Decision-making manager" means an individual primarily engaged in agricultural work who: (I) Is paid at least the minimum salary threshold for certain exemptions contained in the provisions concerning agricultural workers in the director's rules related to Colorado overtime and minimum pay standards; (II) Is not employed on a seasonal or temporary basis; and (III) Has primary duties that require the routine exercise of independent judgment and discretion in matters of significance and who either: (A) Supervises two or more full-time employees; or (B) Reports directly to an owner or to an executive-level employee who reports directly to an owner who routinely exercises independent judgment and discretion in matters of significance in manual or in nonmanual labor. (d) "Family member" means a child, sibling, spouse, parent, aunt, uncle, nephew, niece, first cousin, grandchild, or grandparent by blood, adoption, or marriage. (2) Beginning January 1, 2027, an agricultural employer shall pay an agricultural employee at an overtime rate for any time worked in excess of fifty-six hours in a workweek, except for an agricultural employee who is: (a) Principally engaged in the range production of livestock on the open range, as described in 29 CFR 780.323 to 780.329; (b) A decision-making manager who is employed by an agricultural employer; or (c) A family member of a family owner of an agricultural employer.