Colorado has implemented rules effective May 1, 2022 that require additional meal and rest breaks for agricultural workers when dangerous conditions exist.
The Details:
Under the new rules, the employer must ensure that certain agricultural workers work no more than two hours before the employer provides at least ten minutes of rest, by spacing out any breaks already required or providing additional breaks.
Colorado requires that employers must provide their employees with an unpaid 30-minute meal break after five hours worked and a paid ten-minute rest break for every four hours worked.
Conditions that require the special meal and break periods for agricultural workers include:
· The temperature reaches 95 degrees;
· An Air Quality Advisory is in effect;
· The shift is expected to last 12 hours or more;
· Heavy clothing or gear is required; or
· For the first four workdays of work.
In addition, under certain conditions, an employee must be allowed to extend the 30-minute meal or rest break to 60 minutes to communicate with a key service provider. The additional 30 minutes may be unpaid.
Further, in addition to other rest, meal, or other breaks, the employer must provide to agricultural workers covered under the new rules one additional paid break of 60 minutes in any workweek of more than 60 hours, and two additional 60-minute paid breaks in any workweek of more than 70 hours. The break must be paid at the same rate as time worked.
Next Steps:
Agricultural employers required to provide the additional breaks and meal periods must begin to do so as of May 1, 2022 when the conditions requiring such additional break and mealtimes exist.
For a copy of the new rules please click on the link provided below.
7 CCR 1103-15 Agricultural Labor Conditions Rules - FINAL CLEAN 1-31-22.pdf (colorado.gov)
Have Questions?
Please contact your dedicated service professional with any questions.