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Friday, April 17, 2026

Ag labor law updates | TheFencePost.com - Fence Post

Kevin Paul, a labor and employment attorney with 30 years of experience and the leader of Dairy Farmers of America told Colorado Livestock Association members that “times, they are a’changin’” when it comes to ag labor law. Gone are the days, he said, when ag employers could keep an eye on federal laws alone. The trend of state laws dictating overtime, minimum wage, and collective bargaining is making its way across some states, including Colorado, Montana and South Dakota.

In the past, many employers either on a job application or in an interview, inquired about the person’s pay history which is now prohibited under the 2019 state Equal Pay for Equal Work Act. He recommends that employers review applications to ensure it does not include questions about pay history. Under 2020’s Healthy Families and Workplaces Act, mandated paid leave includes all employers beginning Jan. 1, 2022. This law requires employees to accrue one hour of sick leave for every 30 hours worked. This statute also includes a 48-hour cap for annual use and carry over. He recommends the sick leave be awarded up front, as there is no waiting period in the statute.

SB21-087, the Farm Worker Bill of Rights, carries a number of new obligations for farm families that employ laborers.

RETALIATION

Paul said he never received a good answer with regard to the need for a law specific to agriculture and retaliation. Any complaint about working conditions — wages, break times, treatment — could give rise to...



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