Colorado labor laws clearly define the responsibilities of employers and the rights of employees regarding rest, meal, and breastfeeding breaks in the state.
This article provides a comprehensive overview of Colorado’s break laws, including provisions for rest, meal and breast feeding breaks, break reuqirements for minors and penalties for break law violations.
This Article Covers
- Rest Breaks in Colorado
- Meal Breaks in Colorado
- Breastfeeding Breaks in Colorado
- Breaks for Minors in Colorado
- Penalties for Violating Break Laws in Colorado
Rest Breaks in Colorado
In Colorado, employers must provide employees with a ten-minute paid rest period for every four hours worked or a major fraction thereof.
Employers should schedule these rest breaks in the middle of each four-hour work period, if practically possible, and must relieve employees from all job duties during these rest breaks.
If an employee works during a rest period, they are entitled to additional pay for the extra work.
Regardless of whether an employee is paid or not, for rest breaks, these are still considered time worked when calculating an employee’s overtime pay in Colorado.
Employees may also choose to continue working and skip the rest periods voluntarily or voluntarily agree to a different rest period schedule, such as having two shorter breaks of five minutes for every four hours worked. No matter what arrangement is finalized, the rest period must equal ten minutes for every four-hour shift.
Also, employers are required to give workers an additional rest period for any period that rounds up to four hours.
For example, if a shift lasts six hours, only one rest period must be given to an employee. However, if it lasts six hours and one minute, the employee must be given two rest breaks. Additional rest break requirements are explained in detail below:
| Number of Hours Worked | Number of Required Rest Breaks |
| Up to two hours of work | No rest break |
| Between two and four hours of work | One rest break |
| Six to ten hours of work | Two rest breaks |
| Ten to 14 hours of work | Three rest breaks |
| 14 to 18 hours of work | Five rest breaks |
| Over 22 hours of work | Six rest breaks |
Meal Breaks in Colorado
Most employees in Colorado who work for over five consecutive hours are entitled to duty-free meal periods of at least 30 minutes. If possible, these meal breaks must be provided at least one hour after starting work and one hour before the shift ends.
For meal breaks to be unpaid, the employee must be completely relieved from job duties, be allowed to leave the work site, and engage in personal activities.
If the nature of the job makes it impossible for an employee to have an uninterrupted, duty-free meal period, such as the job of a security guard or a lone worker in a grocery store, the employer must allow them to eat their meal while working and pay the employee for that meal break.
Certain employees in Colorado are exempt from meal breaks, such as:
- Some executives/supervisors, administrative decision-makers, and professionals
- Outside sales employees
- Elected officials and their staff
- Some resident workers
- Government-licensed taxi drivers
- Bona fide volunteers
- Some highly compensated employees
Breastfeeding Breaks in Colorado
Public and private employers with one or more employees must provide reasonable unpaid break time for nursing mothers to express milk for up to two years after the child’s birth under the Colorado Workplace Accommodations for Nursing Mothers Act.
Employees can also use their existing paid break or meal time for this purpose.
Employers in Colorado should also make reasonable efforts to provide employees a private space, other than a restroom, near the work site to express milk as long as it does not cause undue hardship to business operations.
Additionally, non-exempt nursing employees covered by the FLSA are provided a reasonable break time and a private space shielded from view to express milk for one year after the child’s birth under the federal Patient Protection and Affordable Care Act (PPACA). The employee can take these breaks whenever required.
Employers with fewer than 50 employees may not be required to give these nursing breaks under the PPACA if such requirements would impose an undue hardship on their business operations.
Breaks for Minors in Colorado
In Colorado, individuals below the age of 18 are considered minors under the Colorado Youth Employment Opportunity Act (CYEOA). Exceptions include minors who have passed the General Educational Development exam or obtained a high school diploma.
The state has no specific break rules for minors in the workplace. Minors in Colorado are entitled to the same meal and rest break benefits as adult employees without any special privileges.
It is important to note that minors, especially those who are students, have restrictions on the number of hours they can work per day and per week.
Penalties for Violating Break Laws in Colorado
If an employer violates rest or meal break requirements, it may lead to compliance orders and/or fines. In such cases, employees can contact the Colorado Division of Labor Standards and Statistics (DLSS).
For violations of the Colorado Workplace Accommodations for Nursing Mothers Act, the employee and employer must go through nonbinding mediation to reach an agreement. Employees may also contact an attorney for legal advice.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
