(650) 332-8623Colorado Break Laws: Meals, Rests, and More (2025)
Understand Colorado’s 2025 meal and rest break laws, including regulations, exemptions, and employer obligations.
Understanding Colorado Break Laws
Meal Breaks
Laws in Colorado Governing Meal Breaks
Employees in Colorado are entitled to a 30-minute uninterrupted, duty-free meal break if their shift exceeds five hours. During this period, employees are fully relieved of duties and allowed to leave the worksite, as long as they are not required to perform any tasks.
However, if the nature of the job prevents a completely duty-free break, an on-duty meal period must be provided and paid. These breaks should ideally be scheduled one hour after starting and one hour before ending the shift
Rest Breaks
Laws in Colorado Governing Rest Breaks
For every four hours worked, Colorado requires a 10-minute paid rest break. Employers must authorize and permit these breaks, ideally placing them in the middle of each four-hour period. Unlike meal breaks, employees do not need to leave the premises during rest breaks.
The breakdown of required rest breaks is as follows:
- Over 2 hours, up to 6 hours: 1 rest break
- Over 6 hours, up to 10 hours: 2 rest breaks
- Over 10 hours, up to 14 hours: 3 rest breaks
- Over 14 hours, up to 18 hours: 4 rest breaks
- Over 18 hours, up to 22 hours: 5 rest breaks
- Over 22 hours: 6 rest breaks
What's the Difference?
Meal Breaks vs. Rest Breaks in Colorado
The main difference between meal and rest breaks is that meal breaks in Colorado are unpaid unless on duty, while rest breaks are paid periods. Employees must be relieved of all duties during meal breaks unless impractical, whereas rest breaks are generally expected to be duty-free.
Exemptions
What Type of Workers are Exempt from Colorado's Break Laws?
Colorado law exempts certain types of employees from mandatory meal and rest breaks due to the nature of their roles or industry requirements. These exemptions include:
- High-Level or Specialized Roles: Executives, administrators, and professionals are often exempt from break requirements. This includes those in supervisory or managerial roles, as these positions are typically classified as “exempt” under labor standards due to their authority and decision-making responsibilities.
- Specific Occupations: Outside salespersons, elected officials, domestic workers employed in private households, and companions or casual babysitters are also exempt. These roles often have flexible work hours or unique working conditions that make standardized break times impractical.
- Industry-Specific Exemptions: In certain cases, industries that require continuous supervision or monitoring, such as Medicaid-funded home care services, may have modified break requirements. For example, home care workers in programs funded largely by Medicaid may not follow the standard 10-minute rest break rule if it interferes with client supervision. Instead, these workers must receive average break times across the workday to comply with law.
These exemptions recognize that certain jobs or industries operate under conditions where traditional break structures may not be feasible, and as such, they tailor requirements to balance employee rights with operational realities.
Differences Between CO and Federal Break Laws
Unlike federal law, which does not require employers to provide rest breaks, Colorado law mandates both rest and meal breaks for employees. Colorado employees are entitled to paid 10-minute rest breaks for every four hours worked and unpaid 30-minute meal breaks for shifts exceeding five hours. These state-specific requirements offer greater protections for workers, ensuring regular rest periods that federal law does not address.
The U.S. Department of Labor provides two primary statutes governing meals and breaks nationwide:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Understanding California’s break laws can help you remain compliant, as these laws will typically be more stringent and specify harsher penalties than U.S. labor laws.
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Other Types of Breaks for Workers in Colorado
Under Colorado law, the rules for work hours and breaks for minors are more restrictive to protect young workers. For minors under 16 years old, work hours are limited:
- School days: Minors cannot work more than 3 hours.
- Non-school days: They are permitted to work up to 8 hours.
- School weeks: The total work time is limited to 18 hours.
- Non-school weeks: Minors under 16 can work up to 40 hours.
Minors under 16 are also restricted to work hours between 7:00 AM and 7:00 PM during the school year, but they can work until 9:00 PM from June 1 through Labor Day.
On school days, minors cannot work during school hours unless they have a school release permit from their school district’s superintendent. For 16- and 17-year-olds, there are fewer restrictions on daily hours, but they must still adhere to the 40-hour weekly limit.
These guidelines are in place to ensure that work does not interfere with minors’ education or well-being
Under the Colorado Workplace Accommodations for Nursing Mothers Act, employers are required to support breastfeeding employees with both reasonable break times and private spaces for expressing breast milk.
These accommodations must be provided for up to two years following the child’s birth, ensuring that:
- Break Time: Employers must offer reasonable unpaid break times for expressing milk or allow nursing employees to use their paid breaks or meal times for this purpose. If the break is unpaid, employees should be completely free from any work duties during this time.
- Private Space: Employers must make reasonable efforts to provide a private space for breastfeeding. This space should be near the employee’s work area, shielded from view, free from intrusion, and cannot be a bathroom. The room should be functional, with a seat and flat surface for the breast pump.
Employers are required to provide these accommodations unless doing so would impose an undue hardship due to significant difficulty or expense, based on the size, resources, and structure of the business.
Additionally, employers covered by both Colorado and federal laws must follow the law that offers the greater protection
Some roles, like security guards or lone night-shift workers in facilities that require continuous oversight (such as a 24-hour gas station), may qualify for on-duty breaks. In such cases, employees are allowed to eat while remaining on duty, and they must be compensated for this time. This on-duty break rule applies when it is impractical to relieve the employee of duties entirely due to the nature of the work or staffing limitations.
Workers providing Medicaid-funded home and community-based services, where continuous supervision is essential, may not receive standard rest breaks but instead are entitled to breaks averaged over the workday. Employers must ensure at least 5 minutes of rest for every four hours worked, accommodating the need for constant client supervision.
Recordkeeping Requirements for Breaks in Colorado
Colorado law mandates that employers maintain accurate records of break times provided to employees. This includes documenting the start and end times for meal periods, the number and duration of rest breaks, and any on-duty meal periods that were compensated.
Employers must also verify that break schedules comply with requirements, ensuring that 10-minute rest breaks are taken approximately every four hours and that 30-minute meal breaks are offered for shifts over five hours. Failure to keep accurate records may result in penalties or back pay claims.
Colorado Penalties for Meal and Break Violations
Fines + Back WagesBreak Law Non-Compliance
If an employer in Colorado fails to comply with meal and rest break laws, they may face compliance orders requiring them to correct the violation and adjust policies. Additionally, employers may be subject to fines and required to pay back wages for missed breaks, ensuring employees are compensated for the time they were legally entitled to take off.
MediationNursing Mother Violations
If an employer fails to provide the required break time and private space for nursing mothers to express breast milk, Colorado mandates nonbinding mediation between the employer and employee before any litigation can proceed. This process aims to resolve non-compliance without direct financial penalties, promoting employer cooperation through mediation.
$750 – $10,000Minor Break Violations
In Colorado, businesses violating child labor laws, including not providing the right break time, face penalties starting at $750 for first-time offenses and escalating to $10,000 for willful or repeated offenses. These penalties are designed to hold employers accountable and ensure the protection of young workers in the state.
Misconceptions About Meals and Breaks in CO
Some employees believe they can skip their meal breaks in Colorado if they choose to, thinking it’s their right to decide whether they need the break or not.
Colorado law mandates a 30-minute unpaid meal break for employees working over five hours. Employees cannot waive this right unless their job requires continuous duty. In such cases, an on-duty paid meal break is required.
It’s a common misconception that Colorado law requires all breaks, including meal breaks, to be paid.
Colorado law only mandates that the 10-minute rest breaks be paid. Meal breaks are unpaid unless the employee is required to stay on duty throughout the break, in which case they must be compensated for that time.
Many assume that minors in Colorado follow the same break rules as adult employees.
Colorado law provides additional protections for minors under 16, including restricted work hours and required breaks, to ensure work doesn’t interfere with their schooling or health. Minors have more stringent break requirements than adults to safeguard their well-being.
Some employees and employers believe they can combine multiple 10-minute rest breaks into a single extended break or add it to their meal period.
In Colorado, rest breaks must be taken roughly in the middle of each four-hour work period. They cannot be combined into a longer break or added to the meal break, as rest breaks are intended to provide periodic relief throughout the workday.
There’s a misconception that Colorado’s meal and rest break laws only apply to employees working on-site.
Colorado’s break requirements apply to all employees, including remote workers. Employers must ensure that remote employees receive their required meal and rest breaks, even if they are working from home.
Some believe that only full-time employees in Colorado are eligible for meal and rest breaks.
Colorado’s break laws apply to all employees, including part-time workers. Any employee, regardless of hours worked, is entitled to breaks as outlined by state law based on the length of their shift.
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Employees: Know Your Rights to Meals and Breaks in Colorado
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Employees working more than five hours in a shift in Colorado are entitled to a 30-minute uninterrupted meal break. This break is generally unpaid, provided the employee is fully relieved of duties.
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Employees are entitled to a paid 10-minute rest break for every four hours worked. Employers must schedule these breaks as close to the midpoint of each work period as possible.
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If an employee’s role requires continuous duty, such as in security or healthcare, the employer must provide a paid, on-duty meal break instead of a standard unpaid break.
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Colorado law protects employees who report violations of meal and rest break laws. Employees can file complaints with the Colorado Department of Labor without fear of retaliation from their employer.
Employer Obligations for Meals and Breaks in Colorado
Colorado employers are required to comply with specific meal and break laws to ensure employee well-being and meet state labor standards. Employers must provide:
- Unpaid 30-Minute Meal Breaks: For employees working over five consecutive hours, employers are required to offer a 30-minute meal break where employees are fully relieved of duties. If the employee must remain on duty during the meal period due to the nature of the work, the break must be paid.
- Paid 10-Minute Rest Breaks: Colorado mandates that employers provide a paid 10-minute rest break for every four hours worked or major fraction thereof. These breaks should ideally be placed around the midpoint of each work period, ensuring employees have regular intervals to rest.
- Designated Break Areas: Employers should provide a suitable area for employees to take their breaks. For nursing mothers, employers must make reasonable efforts to provide a private, non-bathroom space close to the work area to express breast milk.
- Recordkeeping and Policy Compliance: Employers are encouraged to keep records of employee break times to demonstrate compliance and avoid potential penalties. Clear policies should also be communicated to employees, ensuring they understand their rights and responsibilities regarding breaks.
- Adjustments for Minors: For minor employees, employers must adhere to additional rules, including strict limits on work hours and ensuring that younger workers receive adequate breaks as stipulated by Colorado youth labor laws.
Benefits to Employees
Compliance with meal and break laws is crucial for promoting employee well-being and productivity. Providing regular breaks allows employees to recharge, reduce stress, and avoid burnout, which can lead to a more engaged and motivated workforce.
When employees are well-rested, they experience better focus, reduced fatigue, and improved physical and mental health. Compliance with these laws also fosters a supportive work environment, which can enhance job satisfaction and lower turnover, contributing positively to employee morale and professional growth.
Benefits to Employers
For employers, adhering to Colorado’s meal and break laws leads to numerous business advantages. Employees who are provided adequate breaks are generally more productive, focused, and efficient, which can improve overall workplace performance. Compliance can also minimize the risk of costly legal issues, including penalties, wage claims, and reputational damage.
Furthermore, a commitment to employee well-being through break compliance can enhance the company’s reputation as a responsible employer, aiding in talent attraction and retention. By supporting employee health and satisfaction, businesses can enjoy greater productivity, a positive workplace culture, and long-term profitability.
Looking for other state-specific labor and break laws? Check out these guides:
The Bottom Line on Colorado Meal and Break Laws
Understanding and adhering to Colorado’s meal and break laws is essential for both employee well-being and employer success. By providing the mandated meal and rest breaks, Colorado businesses can foster a more productive, healthy, and satisfied workforce while avoiding the risks associated with non-compliance. For employees, these laws ensure time to recharge and reduce stress, contributing to overall job satisfaction and workplace morale.
For businesses looking to streamline their compliance efforts, tools like Workyard can simplify tracking and management of break times to ensure full compliance with state regulations. Visit Workyard’s Compliance Page to learn how Workyard can help you stay compliant and support your team’s well-being.
In Colorado, employees working an 8-hour shift are entitled to two paid 10-minute rest breaks and one 30-minute unpaid meal break. The law requires a 10-minute rest break for every four hours worked, which should ideally be taken near the middle of each work period. The meal break must be given when the shift exceeds five hours, and employees must be fully relieved of duties during this time. If continuous duty is required, the meal break must be paid.
Colorado does not mandate a minimum number of hours between shifts, meaning employers can legally schedule shifts with less than eight hours in between. However, employers must comply with overtime laws if the work extends beyond 40 hours in a week or 12 hours in a day. While there is no statutory requirement, some employers voluntarily maintain eight-hour intervals between shifts to support employee health and productivity.
In Colorado, compensatory time (comp time) is generally not allowed in place of overtime for private sector employees. Non-exempt employees must be paid overtime for any hours worked beyond 40 in a workweek or 12 in a day at a rate of 1.5 times their regular hourly rate. Public sector employees may be eligible for comp time under specific conditions, but private employers must adhere strictly to paid overtime.
Colorado labor law does not define “full-time” employment, as this term is generally left to the employer’s discretion. However, full-time status often impacts benefits eligibility, as many employers define full-time as 30 to 40 hours per week. For wage and hour laws, full-time or part-time status doesn’t affect break entitlements or overtime requirements, as all non-exempt employees are subject to the same protections, including breaks and overtime pay.
Yes, salaried employees in Colorado are entitled to breaks if they are classified as non-exempt under wage and hour laws. Non-exempt salaried employees must receive the same 10-minute paid rest breaks and 30-minute unpaid meal breaks as hourly workers. However, salaried employees who are exempt from overtime are not legally entitled to these breaks, although many employers still offer them as part of workplace policies to support employee well-being.
Colorado does not have a set definition for full-time employment based on hours, so 32 hours may be considered full-time depending on the employer’s policies. Many organizations define full-time status as 30 to 40 hours per week to align with health benefits eligibility under federal standards. Full-time status, however, does not affect eligibility for overtime, breaks, or other protections, which apply to all non-exempt employees regardless of hours worked.
