Colorado Rest Break Requirements
activeColorado requires employers to provide a paid 10-minute rest break for every 4 hours of work, or major fraction thereof. Rest breaks must be provided as close to the midpoint of each 4-hour work period as practicable. Rest breaks are compensated as time worked.
Applicability
Requirements
- Rest Break Duration Minutes
- 10
- Hours Worked Per Break
- 4
- Major Fraction Applies
- Yes
- Major Fraction Definition
- A 'major fraction' of 4 hours means more than 2 hours. So an employee working a shift of 6 hours and 1 minute is entitled to 2 rest breaks.
- Paid
- Yes
- Timing
- Rest breaks should be provided as close to the midpoint of each 4-hour work period as practicable.
- Break Schedule Examples
- 2 To 6 Hour Shift
- 1
- 6 To 10 Hour Shift
- 2
- 10 To 14 Hour Shift
- 3
- Cannot Be Waived
- Yes
- Cannot Be Combined With Meal Break
- Yes
- Employer Must Authorize And Permit
- Yes
- Note
- Employers must authorize and permit rest breaks. If an employer makes it impossible for an employee to take a rest break, the employer is in violation even if no explicit denial occurred.
Penalties
Failure to provide rest breaks may result in the employer owing the employee compensation for the missed rest period plus potential penalties under the Colorado Wage Claim Act.
Statute of limitations: 3 years
Notes
The COMPS Order's 'major fraction' rule is an important nuance. An employee working 6 hours and 1 minute is entitled to 2 rest breaks because the time beyond 6 hours constitutes a major fraction of the next 4-hour segment. Rest breaks cannot be combined with meal periods or used to allow an employee to arrive late or leave early.