Colorado's Break Laws: What Employees Need To Know

Colorado's break laws are designed to provide employees with designated times to rest, eat, and attend to personal matters. These laws are a testament to the state's commitment to fostering a balanced work-life environment. The state has implemented specific laws that outline the rights of employees and the responsibilities of employers in ensuring adequate breaks while adhering to legal requirements. Under the Colorado Overtime and Minimum Pay Standards Order (COMPS), workers are entitled to one 30-minute meal break per every five hours worked. This differs from federal law, where a break is not mandatory for any length of shift. In addition to meal breaks, Colorado employees are entitled to a paid 10-minute rest break for every four hours worked.

Meal breaks

In Colorado, employees are entitled to a meal break of at least 30 minutes when working for more than five consecutive hours. This break is unpaid, and employees are relieved of all work-related duties. They are free to leave their workstation if they wish. However, if the nature of the job requires employees to be on duty during their meal break, this time should be fully compensated.

According to the Colorado Overtime and Minimum Pay Standards Order (COMPS), workers are entitled to one 30-minute meal break period for every five hours worked. This differs from federal law, where a break is not mandatory for any length of shift. The meal break should ideally be scheduled at least one hour after the start of the shift and one hour before the end.

Employees who are unable to take an uninterrupted, duty-free meal break due to the nature of their work must be allowed to eat while working, and they must be paid for this time. This is known as an "on-duty meal period". During this time, employees should be able to eat a full meal without losing time or compensation.

Colorado's meal break laws do not set strict requirements for when meal breaks can be taken, as long as they don't occur during the first or last working hours. If an employee skips their meal break or takes it non-compliantly, the employer must compensate for all their unpaid break time.

In addition to meal breaks, Colorado employees are entitled to paid rest breaks. A 10-minute rest break is required for every four hours worked. This can be taken as two 5-minute breaks if agreed upon by both the employer and employee. Rest breaks should ideally be taken in the middle of each four-hour period.

Employees are not required to take rest breaks, but employers may not coerce workers to skip them. If an employee does not take a rest break, this time is considered time worked, and they must be paid their standard rate for that time.

Colorado's break laws are designed to foster a positive work environment, boost efficiency, and protect the rights of workers. By providing adequate breaks, employers can ensure compliance with legal requirements and create a respectful atmosphere that demonstrates concern for the well-being of their team members.

Rest breaks

Colorado labor laws require employers to provide paid rest breaks to workers during their workday. These regulations apply to employees and employers covered by the Colorado Overtime and Minimum Pay Standards Order, also known as COMPS Order #38.

According to state law, employees are entitled to a 10-minute paid rest break for every four hours worked. This can be split into two 5-minute breaks if agreed upon by both the employee and the employer, or if the employee works in Medicaid-funded home care or under a collective bargaining agreement. If an employee works a shift of fewer than four hours, they are not entitled to any rest breaks.

If an employer fails to allow an employee to take their rest break, they are essentially failing to pay the employee for that time. In some instances, failing to provide rest breaks can result in employers having to compensate workers at the overtime rate of pay.

Exemptions

While Colorado's break laws are more generous than those of other states, there are still certain professions that are exempt from the statute. These include:

• Domestic workers
• Taxi drivers
• Administrative, executive/supervisor, and professional employees
• Salaried executives or supervisors
• Outside salespersons
• Elected officials and their staff
• Companions
• Casual babysitters
• Property managers
• Interstate drivers
• Driver helpers
• Loaders or mechanics of motor carriers
• Domestic employees employed by households or family members
• Bona fide volunteers
• Students employed by sororities, fraternities, college clubs, or dormitories
• Students participating in a work experience study program
• Employees working in charitable institution laundries that do not provide wages to workers or inmates
• Patient workers in institutional laundries

Additionally, there are specific circumstances under which employees are not required to take their breaks. For example, if the nature of the job makes it impractical for an employee to be relieved of all work duties during their lunch break, employers may provide a fully paid on-duty meal period. In this case, employees should be able to eat a full meal without incurring lost time or compensation.

It is worth noting that while Colorado law does not mention or require 15-minute breaks, employees can take their 10-minute rest break as two 5-minute breaks if agreed upon by both the employer and employee.

Penalties for non-compliance

In addition to compliance orders, employers may also face substantial fines for violating Colorado break laws. The amount of the fine is determined by the Colorado Department of Labor and Employment (CDLE) and is based on the severity of the violation and the number of employees impacted. These fines can be costly and serve as a significant financial penalty for businesses.

Furthermore, employees have the right to take civil action and file lawsuits against their employers for failing to provide proper meal and rest breaks. If the employees prevail in court, they may be awarded damages for unpaid wages, emotional distress, and other losses incurred due to the employer's non-compliance. These lawsuits can result in significant financial consequences for businesses and highlight the importance of adhering to Colorado break laws.

To avoid penalties, employers should stay informed about any changes to the Colorado Wage Act and relevant regulations, such as COMPS Order #38. Implementing accurate time-tracking systems and maintaining detailed records of work hours and breaks can also help demonstrate compliance during audits and prevent legal disputes.

Breastfeeding breaks

In addition to the standard break laws in Colorado, the state has laws in place to support nursing mothers. These laws apply to all employers in the state, regardless of the number of employees.

Nursing mothers in Colorado are entitled to reasonable unpaid break time or paid break time to express milk for their child for up to two years after the child's birth. This is one year longer than the federal law, which only requires this for one year. Employers must also make reasonable efforts to provide a private space, other than a toilet stall, for mothers to express milk. This space must be in close proximity to the work area.

Employers are also prohibited from discriminating against employees for expressing milk in the workplace.

Frequently asked questions