Colorado Lunch and Break Law

July 27th, 2006 Posted by Sarah

Lunches and Breaks are a subject of much interest by employers and employees alike. In reviewing state laws related to this area, I have found that Colorado has several pertinent state regulations.

If an employee works five or more consecutive hours, he or she is entitled under Colorado law to a 30 minute meal break. In order for this to qualify as an unpaid break, the worker must be completely relieved of his or her duties, and must be free to engage in personal activities during this time.

The Colorado lunch and break law recognizes that in some situations, it may not be feasible for an employee to be completely relieved of his or her duties. If an uninterrupted meal break is not a practical possibility, an employee must be allowed to consume an “on-duty” meal, during which he or she must be paid.

Colorado is also one of a handful of states that provides in the state code for specified rest periods. Employers in Colorado must provide workers a ten minute rest break for each four hours or “major fraction thereof” worked. The law states that these are to be paid breaks, and the employer is allowed to mandate that workers stay on the premises during the break.

While the lunch and break rules apply to most service professions such as retail stores, the food and beverage industry and housekeeping jobs, other professional jobs such as teachers, nurses, managers and administrative workers are exempted.

Finally, I think it may be of interest to note Colorado’s rules regarding times when employees are asked to wait. Under Colorado law, if an employee is waiting between job duties during the normal course of a work day, or is “on-call” but has great restrictions placed on their freedom to move about and engage in personal pursuits, this waiting time must be considered work time. On the other hand, if an employee is able to continue with personal pursuits away from the workplace and has ample time to respond to calls, this type of waiting may not be considered paid work hours.

A complete summary of Colorado’s lunch and break laws may be found on the Complete Colorado Labor Law Poster. This poster also contains detailed information on many other aspects of both federal and state labor laws.

Last 10 posts by Sarah

« California Lunch and Break Law
Arizona Lunch and Break Law »
Posted in Colorado, Employment Laws, Wage and Hour

  1. Posted by: Francine

    Are nonexempt employees in Colorado not required to take a lunch daily?

  2. Posted by: Amelia

    Hi Francine! That’s a great question! For a complete answer, please post it at our HR forum, http://www.humanresourcesblog.com.

    And thanks for reading the blog! Amelia

  3. Posted by: Dierdre

    I have concerns relating to unemployment benfits eligibility due to an unworkable environment.
    I was recently sought out by the GM & Owner of my company to address the unprofessional business practices of the Office Manager who, at that time was my supervisor. After months of consultation, they have decided to maintain the status quo, stating that they no longer wanted the burden of addressing the matter.
    At one time (less than 1 week ago) I was told that the person in question would be let go by the end of the year and now she is back in a senior position to me, as of yesterday. They shared with me that some of the sensitive examples I was asked to share with them regarding her past behavior in the office, were discussed with her in detail.
    I am left in an extremely negative environment with a documented history of verbal abusiveness on the person in question’s part toward those under her authority/woman.
    I was told by the GM and Owner on several occassions that they were/are fully aware of her attitude and inability to work with other women in the office and that they saw no possibility of change on her part in the future, resulting in a decision to move forward. Now that decision has been reversed. What are my rights in this scenario? Thank you.

  4. Posted by: Amelia

    Hi Dierdre! Unfortunately, you have no specific rights in this situation. If you quit due to the “unworkable environment” you will likely not qualify for unemployment benefits. And this is a really, really bad time to be out of work.
    We agree that this appears to be a toxic work environment, but we would offer a different perspective on it. It is not reasonable for the GM/Owner to expect someone who reports to the Office Manger to correct this situation. Whether he or she was collecting information on the Office Manger’s past performance or interpersonal skills, clearly they could correct the situation by firing the Office Manager…and decided not to. You were set up, but by the GM/Owner, not by the Office Manager. We suggest that you do the best job you possibly can, while looking for another position. It is possible that you will be terminated. In that case, at least you would be eligible for unemployment.
    If you feel that you have a case for discrimination based on sex, you can certainly file a complaint with the EEOC. However, it sounds to us like this Office Manager simply has poor management skillls. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Zach

    Hello, my wife works in Colorado as an assisted living caregiver at an assisted living residence during the night shift. She works an 8hr shift during the night shift. Her employer is requiring her to take a 30min during her shift unpaid. They are telling her that she will be written up and fired if she disobeys this mandatory rule. However she must stay at work, on the floor that she works on and she must still perform her duties during this mandatory break time because there must always be 2 caregivers on each floor at any given time. Is it legal for her employer to force her to stay there on her floor performing her duties and not pay her for this half hour that she still has to work? I don’t know if we should take any sort of action about this or if we have any sort of legal ground to stand on. She is affraid she will be fired if she tries to make a big deal about it. Thanks for your reply in advance!!!

    Zach

  6. Posted by: Amelia

    Hi Zach! It is legal for the employer to impose a mandatory 30-minute meal period, and for the employer to require that your wife eat her lunch at her work station. However, if she is still required to work during this time, she must be paid for it. Not doing so is a violation of both federal and state law.
    Your wife should contact both the Colorado Workforce Commission and the U.S. Department of Labor, and file a complaint about her unpaid wages for the breaks. It is illegal for an employer to retaliate against a worker who files a complaint in good faith. (Unfortunately, if the employee goes directly to the employer, they make retaliate in a case like this.) HTH, and thanks for reading the blogs!~Amelia

  7. Posted by: Mike

    A friend mentioned that he was told that, since his company is based out of state, they are exempt from Colorado law that requires the 30-minute lunch break. I was doubtful. Is my doubt warranted? He is not a teacher, nurse, or a manager-type.

  8. Posted by: Amelia

    Hi Mike! We are equally doubtful. Colorado employment law applies to employees in the state of Colorado. Most likely, your friend is legally an employee in the state of Colorado. Suppose he works at a bank or hotel in Colorado, owned by a company with headquarters in Florida or California. The Colorado employment laws — including the break law — would apply. (If this were not true, every employer on the planet could avoid labor laws including minimum wage and worker safety laws simply by locating the headquarters in a different state from the employees.)
    If your friend was employed in Utah or Texas and on an assignment for a few days in Colorado, then Utah or Texas labor laws would apply to him. In many cases when an employee works from home on a regular basis, their home office becomes a branch office of the employer’s business — and if that home is in Colorado, the state break law applies.
    We suggest your friend contact the Colorado Department of Labor and Employment for a ruling on which state’s laws apply. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Ashley

    I work a Food Court in Greeley, Colorado. We sell snack foods, soda, etc. At night I bring a wagon load of stuff to sell at a concessions stand. I started on Wednesday, and until yesterday hadn’t had one break or lunch. I told her I was taking a fifteen minute break, she later told me I only get a ten minute break. That is fine with me; however, she is now telling me that since I work the ball park and since it is rather slow, I shouldn’t be getting my break as regularly and there is a different law. I think she is full of it. Does the law about breaks and lunches apply whether or not I am working a slow job at the concessions stand?

    Here’s an example:
    On Friday I started at the food court from 3pm-5:20pm. At 5:20pm I headed up to the ball park and worked until 9:30. I then packed up and finally got out of there at 10:20 pm. I did not have one break and did not have a lunch either.

    How is this supposed to work?

  10. Posted by: Amelia

    Hi Ashley! Colorado employees are entitled to a 30 minute meal break after 5 hours, unless the shift will be over in 6 hours. As you will note from the article above, employees must be permitted to take an on-duty (paid) meal break whenever the nature of the work prevents relief from all duties. Your concession job is a perfect example. If you are on an unpaid meal break and a customer arrives, who will wait on him or her? Because you are the only person working the concession stand, there is no one else. So, the law permits you to eat a meal at your work station, and be paid for that time. You can take short “mini breaks” whenever there are no customers. But if a customer arrives, you must interrupt your “meal break”.
    In addition, you are entitled to a 10 minute break for every 4 hour work segment, at approximately the mid-point. If you start work at 3 pm and end at 10 pm, you are entitled to a break at 5 pm and a break about 8:30 pm. It appears that the employer must grant these breaks, even if you are working alone and there are down times during the shift. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Anna

    Hello, I’m 16 and I work at a fast food restaurant. I work over four hours every day, often 4:45. I’ve been working there since it opened three and a half months ago and I have never once received a ten minute break or lunch break. The company policy is to allow a three minute max “drink break”; and only then if it’s not busy. Is this allowed? It seems like it wouldn’t be, but it’s frustrating not getting a minute to sit down. I would also like to know what I could do about it if this isn’t right.

    Thanks,
    ~Anna

  12. Posted by: Amelia

    Hi Anna! You are right — this is a violation of Colorado law. Each employee should receive a paid 10-minute rest break for each 4 hours worked. Contact the Colorado Department of Labor and Employment to file a complaint. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Confused

    Hi, this pertains to a teacher working a 6 hour day M-F. As a state employee of Colorado, does a teacher qualify for a paid or unpaid lunch break? Typical day is from 8am-2pm. Can the county say that they get no break at all?

  14. Posted by: Amelia

    Hi Confused! Yes, unfortunately, this is a very common complaint that teachers have in Colorado and other states. The Colorado break law specifically excludes teachers from coverage. In addition, the law permits employers to omit the meal break when the shift will be completed in 6 hours or less, in any occupation. But even if your shift were 8 hours or longer, as a teacher you are excluded. Sorry, wish we could be more help. ~ Amelia

  15. Posted by: Jeff

    I work as a deputy sheriff in Colorado. My shift is a 10 hour shift. I get a 30 minute paid meal break roughly 3 hours into my shift, as I am required to respond to emergencies while on break. I then have to go 7 hours until the end of my shift without a break. It seems to me that this in violation, but I’m not sure if law enforcement is exempt form this. I’m familiar with criminal law, just not labor law. Thanks for your help.

    Jeff

  16. Posted by: Amelia

    Hi Jeff! You are correct — Colorado law does not apply in this situation. First, state employment laws including break laws frequently exclude law enforcement officers or even all state and municipal employees. The Colorado meal and break law is quite limited in scope, and applies to employees in the following industries: retail, food & beverage, housekeeping, beauty service, laundry & dry cleaning and janitorial services. So the Colorado meal and break law does not apply to law enforcement officers.
    Even if it did, by granting a 30-minute meal break after 3 hours, the employer is complying with the law. They are going above and beyond what would be required by making the meal break paid. Apparently the issue is that you do not receive two 10-minute paid breaks during the 7-hour portion of your shift. But again, that law does not apply to police officers.
    Even in states where the meal break law applies to all employees, there is usually an exception if complying with the law would endanger public safety (for example, by leaving too few firefighters or police officers on duty.)
    So the break and meal law in Colorado doesn’t apply to you, and the employer is in compliance. Our suggestion, if police regulations permit, is that you bring a snack and eat it while on duty during the 7 hours after your meal break. If you have a union, you might also raise this issue with them. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: Jason

    I’m a sous chef in a retirement community, I am familiar with the break laws as is my staff. Here is the situation, corporate is stating that we have to take a thirty minute off the clock break, as a cook for 10 years I am not used to this, I am used to working my whole shift with no break, because there is always something to do. I told my employer that I understand the law, but I am refusing to take the break, because I have things that need to get done in order to do my job properly. They said that if my staff and I don’t start clocking out for breaks that they will deduct a half hour of pay from us. My question is, is this legal? I don’t think it is and would like some clarification please, and what can I do if it is illegal?

  18. Posted by: Amelia

    Hi Jason! We have good news and bad news for you. Here’s both: if you work through your mandatory unpaid break, the employer must pay you for it. However, the employer can fire you for not following the company break policy.

    Details: Under Colorado law, every employee who works a shift of 6 hours or more must receive a 30-minute meal break after 5 hours. The law specifically applies to employees in the food and beverage industry, as well as retail, medical, etc. If the break is uninterrupted, it can be unpaid.

    If the nature of the work prevents an employee from taking an uninterrupted 30-minute meal break, an on-duty, paid meal break is permitted. For a line cook working alone, the nature of the work prevents the employee from taking an uninterrupted meal break. If an order comes in while the line cook is on meal break, he or she must return to work to cook it.

    However, the nature of a Sous Chef’s work does not make it impossible to take an uninterrupted meal break. It may be inconvenient, but it is not impossible. So your employer is merely complying with the law in your case (and presumably in the case of your employees.)

    To be honest, all of that is irrelevant. The break law is a minimum standard, not a maximum standard. The employer can require more or longer unpaid meal breaks than the law demands. Any employee who does not comply with company break policy can and should be fired.

    The employer’s threat to automatically deduct the time if you do not take the break is a bluff. If the employer did this, it would be illegal. Both the federal FLSA (Fair Labor Standards Act) and the Colorado minimum wage law require that employees be paid for all time worked. If you work from 8 am to 4 pm without a break, you must be paid for 8 hours. You can be terminated for not taking the required meal break, but you must be paid for 8 hours. If your employer begins “automatically” deducting for breaks that you never took, you should file a wage claim with the Colorado Department of Labor and Employment, so you can get paid for that half-hour each day.

    That pay will come in very handy, because if you are fired for willfully violating the company break policy, you will not qualify for unemployment benefits.

    Our suggestion is that you follow company policy by arranging your work so you have a 30-minute unpaid meal break each day, and have your employees do the same. HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: Carol

    Hello,

    I have looked at the federal site and our state site, and still don’t know if the break and lunch laws apply to our industry or not. I suppose it would be Hospitality. Are hotel receptionists (front desk check-in people) excluded from the break and lunch laws?

  20. Posted by: Carol

    And one more thing, if hospitality is excluded, do the laws still apply to the janitorial and housekeeping personnel working within a hotel? Thank you.

  21. Posted by: Amelia

    Hi Carol! Colorado has one of the most specific and restricted of meal break laws. The law applies only to employees in the following industries: retail, food and beverage, public housekeeping, medical profession, beauty service, laundry and drycleaning and janitorial services. This means that as a hotel front desk clerk, you are not covered by the meal break law. The hotel housekeeping staff is covered by that law, and so are any employees of a hotel restaurant. HTH, and thanks for reading the blogs!~ Amelia

  22. Posted by: Amelia

    Hi again Carol! Yes, the way the law is written, the hotel housekeeping staff is covered. HTH, and thanks for reading the blogs!~ Amelia

  23. Posted by: Sam

    Ok I’ve Been reading the laws of Colorado and I understand that I am entitled to a break every four hrs. Or an unpaid break after five. I work as a cook in a small restaurant and have been told I have to take a 30 min break. I know you havetold others it is mandatory but the law states that we are entitled, not that it is mandatory. So I am confused, please help.

  24. Posted by: Amelia

    Hi Sam! There are really two issues here: Colorado law and company policy. We are sorry to say that the employer is right on both counts.
    Colorado law requires that employers grant a 30-minute meal period for shifts of 5 hours or more. Some states with similar laws permit the employee to waive the meal period in writing. Colorado does not. So, if you skip a meal period — even voluntarily — the employer has broken the law. In addition, there is nothing to prevent you voluntarily working through the meal period and then claiming at a later date that the employer deprived you of your rightful break. (If you do not take the break, how will the employer prove that they did not deprive you of it?)
    However, even if Colorado did not have a meal break law, an employer in any state can require that employees take an unpaid 30 minute meal break on each shift. Any employee who does not follow this company policy can be disciplined or terminated.
    If you are being asked to work during your meal break, then it must be paid. But as long as you are relieved of work duties, the employer is completely in the right here. HTH, and thanks for reading the blogs!~ Amelia

  25. Posted by: Gerad

    Mondays and tuesdays i work from 8am to 8pm with an hour lunch break at 12pm, wensday i work 10am-8pm with an hour lunch break at 12pm, friday i work 11am to 8 pm with an hour lunch break at 12pm, saturday i work at 8:30am till 7pm with an hour lunch break at 12pm, during those hours of work we don’t always get our 10 min breaks that we are entitled to. Some days they let us have one 10min break around 4pm when we tryed to explaine the break peroids to uppermanegment they told us they don’t have to give us breaks if we are to busy. Also stated breaks are give at their discretion (when ever they feel like giving us breaks).Since we brought this up to uppermanegment they responded back to us that we are to do the dirtyest hardest job at work, Becuase we mentioned our break periods they continue to faulter giving us breaks. Based on the laws in colorado and the hours we work how many breaks in each day are we entitled to and when are we allowed to take them. And Since we do not have a break room where are we allowed to take these breaks.

  26. Posted by: Amelia

    Hi Gerad! Under Colorado law, employees are entitled to a 30-minute meal break on each shift of 5 hours or more. There is no requirement that the employer provide a break room — employees can take their break at their work station, as long as they are relieved of all duties.

    In addition, Colorado workers are entitled to a 10-minute paid break on each 4-hour work segment, as close to the middle of the work segment as possible. For example, if you start at 8 am and work until noon, you are entitled to one 10-minute break at about 10 am. You would be entitled to 2 or 3 breaks each day, depending upon your schedule.

    However, the Colorado meal and break statute covers employees in only 4 industries: 1) Retail and Service 2) Commercial Support Service 3) Food & Beverage 4) Health and Medical. If you are in another industry (for example, manufacturing) then the Colorado break laws would not cover you. This may be why you are encountering resistance from upper management (or, they may be complete idiots.) Theoretically, it is illegal for an employer to retaliate against an employee who files a complaint about unlawful conduct by the employer.

    If you feel your employer is violating the law, file a complaint about break laws or retaliation with the Colorado Department of Labor and Employment. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305420

RELATED LINKS

Subscribe to RSS

Subscribe to this blog via email
Delivered by FeedBurner
add