Federal & State Regulations | Breaks and meal periods - Colorado

Summary of differences between federal and state regulations

Breaks

Federal law does not require employers to provide rest periods or coffee/snack breaks. However, if employers choose to offer short breaks, breaks lasting 20 minutes or less must be considered work time and employees are paid for the time.

Colorado law provides for a 10 minute break for every four hours (or major fraction of four hours) worked for all employees. These rest periods are compensated.

Lactation accommodations

Federal law requires employers to provide reasonable break time for an employee to express breast milk for one year after her child’s birth. The employer must provide a room or location for the employee to use, other than a bathroom, that is shielded from view and free from intrusion by coworkers and the public.

Meal periods

Federal law does not require employers to provide meal periods. However, if employers choose to provide one, a meal period of at least 30 minutes may be unpaid as long as employees are completely relieved from duty. If employees are not completely relieved of job duties during the meal period, employees must be paid for that time.

Under Colorado law, employees are entitled to at least a 30 minute meal time if their work schedule exceeds five consecutive hours of work. The time period must be duty free so that the employee can pursue personal activities in order for that time to be considered as uncompensated. If it is necessary to be "on duty," employees can eat a meal "on the job" and will be compensated for that time period.

State

Contact

Colorado Department of Labor and Employment

Regulations

Colorado www.colorado.gov/pacific/cdle/node/20596

Breaks

Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest period for each four (4) hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is not necessary that the employee leave the premises for said rest period.

Workplace Accommodations for Nursing Mothers

Title 8, Colorado Revised Statutes, Article 13.5

www.lexisnexis.com/hottopics/Colorado/

Meal Periods

Employees shall be entitled to an uninterrupted and ‘duty free’ meal period of at least a thirty-minute duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an ‘on-duty’ meal while performing duties. Employees shall be permitted to fully consume a meal of choice ‘on the job’ and be fully compensated for the ‘on-duty’ meal period without any loss of time or compensation.

Federal