Colorado Meal and Rest Break Laws

Under the Fair Labor Standards Act (FLSA), there are no national requirements for meal breaks. However, states are free to make laws governing labor practices, including required meal breaks. Colorado is one of the states that has defined mandatory break periods for workers.

Do Colorado Break Laws Differ from Federal Break Laws?

Under the Colorado Overtime and Minimum Pay Standards Order (COMPS), workers are entitled to one 30 minute meal break period per every five hours worked. This differs from the federal law where a break is not mandatory for any length of shift.

Colorado Meal Break Laws

A meal break, according to Colorado law, is a period of 30 minutes that is unpaid, uninterrupted, and duty-free. For every five hours worked, an employee is entitled to a meal break at least one hour after starting or one hour before ending a shift. Certain exemptions to the “uninterrupted and duty-free” statute are possible, when the type of work is impractical. The example given is a car-patrol security guard. He is allowed to exit the car but must remain on the premises while eating his meal. He is still somewhat restricted but also must be paid for that 30 minutes.

Colorado Rest Break Laws

Colorado law also requires additional 10-minute rest periods for every four hours worked, rounded up from two hours. (E.g. a two hour, 15-minute shift rounds up to four hours). Multiple 10-minute breaks are allowed for longer shifts. Over six and up to 10 = two breaks; over 11 and up to 14 = three breaks, and so on. Rest periods must be as close to the middle of the work period as possible.

Employees are not required to take rest periods but employers may not coerce workers to skip them. Rest periods that aren’t taken are considered time worked, so the employee must be paid at their standard rate for them.

Certain professions have additional restrictions attached; for example, agricultural workers who weed are allowed extra breaks. Some professions, such as domestic workers or taxi drivers, are exempt from the statute.

Colorado Break Laws for Minors

Colorado law allows minors the same meal and rest breaks as adults. The allowed time for a shift for minors under 16 (no more than three hours on a school day, for example) may affect whether a meal break is warranted.

Colorado Break Laws for Mothers

In addition to the breaks allowed for all working adults, Colorado law permits nursing mothers to use reasonable unpaid break time or paid break time for the purpose of pumping breast milk for up to two years after a child’s birth. Employers must make a reasonable effort to provide a private space in proximity to the work area (other than a toilet stall) for this purpose.

Colorado Day of Rest Laws

Colorado has no laws restricting the number of consecutive days an employee can work. However, it has strict overtime laws to ensure fair compensation.

Colorado Break Room Requirements

Dedicated break rooms are not required according to Colorado law.

Colorado Penalties for Breaking Rest and Break Laws

Violations to Colorado break laws can result in a compliance order which requires the employer to cease the violation, change policies, and pay extra wages to victims. Employers may also be fined for violations.

Common Colorado Break Law FAQs

How early can I take my lunch break in Colorado?

In a shift of five hours, your meal break is allowed at least one hour after it starts and one hour before it ends.

How many breaks in a 6-hour shift in Colorado?

You’re allowed one 30-minute unpaid meal break and one 10-minute paid rest break.

How many breaks in an 8-hour shift in Colorado?

You’re allowed one 30-minute unpaid meal break and two 10-minute paid rest breaks.

How many breaks in a 12-hour shift in Colorado?

You’re allowed one 30-minute unpaid meal break and three 10-minute paid rest breaks.

Is it legal to work 7 days straight in Colorado?

It is legal to work seven days straight according to Colorado law. However, overtime laws allow for 1.5 times pay for hours over 40 in a week or 12 in a day.

Can I waive my lunch break in Colorado?

You can waive your lunch break, but it’s not legal for your employer to coerce you to skip it.

Colorado Department of Labor and Employment