Colorado Meal Break Requirements
activeColorado requires employers to provide a 30-minute uninterrupted meal break to employees who work 5 or more consecutive hours. The meal break is unpaid if the employee is completely relieved of duties. If the nature of the work prevents a duty-free meal break, the employer must permit an on-duty meal period that counts as paid time worked.
Applicability
Requirements
- Meal Break Duration Minutes
- 30
- Consecutive Hours Trigger
- 5
- Uninterrupted
- Yes
- Paid
- No
- Paid Conditions
- The meal break is unpaid only if the employee is completely relieved of all duties for the entire 30-minute period. If the employee performs any work or is required to remain available, the entire meal period must be paid.
- On Duty Meal Period Allowed
- Yes
- On Duty Meal Period Conditions
- When the nature of the work prevents the employee from being completely relieved of all duties, the employer must allow an on-duty meal period. The on-duty meal period counts as time worked and must be paid at the employee's regular rate.
- Timing
- The meal period should be provided approximately in the middle of the shift, though no specific window is mandated by the COMPS Order.
- Additional Meal Breaks
- Description
- Additional meal breaks may be required for extended shifts, consistent with the 5-hour trigger rule.
- Note
- For shifts exceeding 10 hours, a second 30-minute meal break should be provided.
Penalties
Failure to provide required meal breaks may result in the employer owing the employee compensation for the missed meal period plus potential penalties under the Colorado Wage Claim Act.
Statute of limitations: 3 years
Notes
Colorado's meal break requirement applies broadly across industries. The on-duty meal period exception is an important distinction: unlike some states that simply penalize missed breaks, Colorado requires a paid on-duty alternative when operational needs prevent a full duty-free meal break. Employees cannot waive their right to a meal break under the COMPS Order.