Colorado Meal and Rest Break Laws: What Every Employee Should Know

Many people are surprised to learn that federal law doesn't give employees the right to take time off to eat lunch (or another meal) or the right to take short breaks during the work day.

However, if employers choose to provide breaks, federal law dictates whether the time off must be paid. Several states have also stepped in to pass laws requiring meal breaks or rest breaks. Colorado is one of a handful of states that requires employers to provide both.

In this article, we'll discuss what federal law says about break time, what the state of Colorado requires, how these rules apply to remote workers, and more.

Federal Law: Paid and Unpaid Breaks

Although federal law does not require employers to provide breaks, it does impose requirements on employers to pay for certain time spent at the workplace. Employers must pay in the following situations:

• Employees who perform work during a lunch break. These employees must be paid for their time. Examples include a receptionist who must cover the phones or wait for deliveries during lunch, a paralegal who eats lunch at her desk while working, or a repair person who grabs a quick bite while driving from one job to the next. Even if an employer refers to this time as a lunch break, the employee is still working and entitled to be paid.
• Short breaks. Federal law requires employers to pay for short breaks provided to an employee during the day. Breaks lasting from five to 20 minutes are considered part of the workday, for which employees must be paid.

However, under federal law employers do not have to pay for bona fide meal breaks, during which the employee is relieved of all duties for the purpose of eating a meal. An employee need not be allowed to leave the work site during a meal break, as long as the employee doesn't have to do any work. Ordinarily, a meal break is "bona fide" if it lasts for at least 30 minutes, although shorter breaks may also qualify, depending on the circumstances.

Colorado Law on Meal and Rest Breaks

Colorado requires employers to offer both a meal break and paid rest breaks. The Colorado Overtime and Minimum Pay Standards Order (COMPS Order) governs the state's break requirements. It applies to private sector employers in Colorado, with some exceptions. The COMPS Order has undergone several revisions in recent years, expanding coverage to nearly all industries.

Meal Breaks

Under Colorado law, virtually all employers must give employees a 30-minute meal break once the employee has worked five hours. Meal breaks are unpaid, as long as the employee has an uninterrupted, duty-free meal break. This means the employee can't be required to do any work or to wait around for work that might pop up.

If the nature of the job prevents employees from taking a break from all duties, employers may provide an on-duty meal period. However, this time must be paid.

Some professions are specifically excluded from this requirement, including most doctors and lawyers.

Employees can waive their meal breaks, but this waiver should be voluntary and documented. Employers cannot pressure employees to skip their entitled breaks.

Rest Breaks

Colorado also requires nearly all employers to provide rest breaks. Employers must allow employees to take a paid ten-minute rest break for every four hours (or major fraction) worked. The "major fraction" rule means that employees working more than two hours are entitled to one 10-minute break, those working more than six hours get two breaks, and those working more than 10 hours receive three breaks.

The law intends for these breaks to occur near the middle of each four-hour work period when possible.

Industries and Employees Exempt from Break Requirements

While Colorado's break laws cover most workers, certain exemptions exist. Administrative, executive, professional, and outside sales employees may be exempt from these requirements if they meet specific salary thresholds and job duty criteria.

As of January 1, 2025, the salary threshold for most white-collar exemptions in Colorado is $56,485 per year (or $1,086.25 per week). Meeting the salary threshold alone doesn't automatically exempt an employee. The employee's job duties must also qualify for the exemption under specific tests outlined in the COMPS Order. For example, executive employees must regularly supervise at least two full-time employees and have genuine management as their primary duty.

If an employee meets the salary threshold and performs the required job duties, they will generally be considered exempt from the COMPS Order's provisions, including its break requirements.

Exemptions for Certain Industries

Interstate transportation workers are governed by federal regulations rather than state laws. Agricultural workers have different break requirements under Colorado law, with specific provisions addressing the unique needs of this industry.

Property managers who live on-site are typically exempt from standard break requirements due to the nature of their position. Similarly, certain healthcare workers may have modified break schedules to accommodate patient care needs.

Break Time for Breastfeeding in Colorado

Colorado law provides protections for nursing mothers in the workplace through the Workplace Accommodations for Nursing Mothers Act (Colo. Rev. Stat. § 8-13.5-101 and following).

Under the law, employers must provide reasonable break time, paid or unpaid, for an employee to express breast milk for up to two years after the child's birth. Additionally, employers must make reasonable efforts to provide a private space other than a bathroom, that is shielded from view and free from intrusion, for the employee to express milk. This space must have access to electricity, a chair, and a surface for a breast pump and other personal items.

These requirements apply to most Colorado employers, though businesses may claim undue hardship if compliance would be significantly difficult or expensive.

Enforcement of Break Laws in Colorado

The Colorado Department of Labor and Employment (CDLE) enforces meal and rest break requirements through its Division of Labor Standards and Statistics. Employees who believe their rights have been violated can file a complaint with the Division.

When investigating break violations, the Division may examine time records, interview employees and supervisors, and review company policies. Employers found in violation may be ordered to change their practices and provide back pay.

The statute of limitations for filing a complaint regarding break violations is typically two years from the date of the violation, or three years for willful violations. Employees should act promptly if they believe their rights have been violated.

Penalties for Employer Violations

Employers who fail to provide required meal and rest breaks face potential penalties. These can include fines of up to $100 per violation per employee. For repeated or willful violations, penalties may increase substantially.

Beyond the financial penalties, employers may face additional consequences, including potential civil lawsuits from affected employees. Courts may award damages, back pay, and attorneys' fees to successful plaintiffs.

The reputational damage from break violations can also be significant. Companies known for violating labor laws often struggle with employee retention and recruitment, creating additional business challenges beyond the immediate financial penalties.

Employee Rights and Responsibilities

Employees have the right to take their legally mandated breaks without fear of retaliation. An employer cannot discipline, terminate, or otherwise punish an employee for exercising their right to take meal and rest breaks.

However, employees also have responsibilities regarding breaks. They should follow company procedures for break scheduling and documentation. Employees who choose to work through breaks may inadvertently create liability for their employers and should follow proper protocols if they wish to voluntarily waive a break.

If an employer refuses to provide legally required breaks, employees have several options. They can raise the issue with human resources or management, file a complaint with the Colorado Division of Labor Standards and Statistics, or consult with an employment attorney to understand their legal options.

Remote Work and Break Requirements

With the rise of remote work, questions have emerged about how break laws apply to employees working from home. Colorado's break requirements generally apply equally to remote workers and those in traditional workplaces.

Employers of remote workers should establish clear expectations regarding break times and documentation. Some companies use software that tracks activity or requires employees to log their break times. Others rely on an honor system, trusting employees to take appropriate breaks without direct supervision.

Remote workers should maintain their own records of work hours and breaks taken, especially if they encounter resistance from employers about taking required breaks. This documentation can be valuable if disputes arise later.

FAQs about Meal and Rest Breaks in Colorado

Am I entitled to meal and rest breaks in Colorado?

Yes. Colorado law requires employers to provide paid 10-minute rest breaks for every four hours of work (or major fraction thereof). Employees who work five or more consecutive hours must receive an unpaid 30-minute meal break unless the nature of their work prevents them from being relieved of all duties.

Are rest breaks paid or unpaid?

Rest breaks in Colorado must be paid and should be taken in the middle of the work period whenever possible. If a rest break is not provided, the employer must compensate the employee for the missed break.

Is my meal break paid or unpaid?

Meal breaks are unpaid as long as the employee is completely relieved of duty. If the employee is required to perform any work during their meal break, the employer must pay for that time.

Do all employees get meal and rest breaks?

Most employees are covered under Colorado's meal and rest break laws. However, certain exemptions apply, including certain agricultural workers, independent contractors, and some some executive, administrative, and professional employees.

What happens if my employer doesn't give me a break?

If an employer fails to provide required breaks, they must compensate the employee for that time. Employees can also file a complaint with the Colorado Department of Labor and Employment (CDLE) or seek legal action.

Are breastfeeding employees entitled to breaks to pump milk?

Yes. Under Colorado law, employers must provide reasonable break time for nursing employees to pump milk for up to two years after childbirth. These breaks must be provided each time the employee needs to express milk.

Does my employer have to provide a private space for breastfeeding employees?

Yes, unless doing so would cause undue hardship. Employers generally must provide a private, non-bathroom space that is shielded from view and free from intrusion for breastfeeding employees to express milk.

Are breastfeeding breaks paid?

Employers are not required to pay for additional lactation breaks unless the employee is using an already paid rest break to pump. However, if the employee is not completely relieved of duty while pumping, the break must be paid.

Further Help

If you believe your rights regarding meal and rest breaks have been violated, or if you're an employer seeking to ensure compliance with Colorado law, consult with qualified legal counsel. An employment attorney can provide personalized guidance based on your specific circumstances.