I have been searching through previous posts, but still cannot completely answer my questions. First let me describe my job definition, since I am not sure how it impacts standard Colorado labor law:

I am a non-exempt employee working 3rd shift (typically midnight to 9am during weekdays, midnight to noon weekend days). As a non-exempt employee, I am required to fill out time sheets each period, and get paid overtime for additional hours worked. I work in a technical job (computer/network related support), and am paid well above minimum wage. My company provides various computer/network related type support services to our customers. Due to the 24 hour a day, 365 day a year support we provide, the job dictates that somebody is physically on site at all times for support. As a 3rd shift employee, there is nobody else available to cover work/the site.

Based on what I read in the Colorado labor laws, I believe that means my company (which would fall under the definition of a retail or service company), and my employment (non-exempt status) means I fall under the those Colorado labor law guidelines.

But I am not sure if there are some other federal/state laws that dictate exceptions due to the following factors (it seems there must be something related to it being shift work that means they can't just declare us as exempt workers, everybody else not working a shift is considered an exempt status):

1 - if 3rd shift (or shift work in general) introduces other laws/statutes
2 - if due to my pay/technical skill, that somehow does tag me as professional or something (even though I am legally shown as a non-exempt employee) and means something else applies/doesn't apply. Note that this job description does require various technical skills/knowledge, but does not require any particular degree/certification to get the job.

I have a couple question regarding what my company is trying to do for meal
breaks for certain employees.

I understand the basic Colorado law about 30 unpaid for 5+ hour shift, or it being 30 minutes paid if they can't relieve us from duty. I also understand there is the break component of 10 minutes paid break for every 4 hours worked. The 10 minute break portion of the law specifically states that the employee does not have to be permitted to leave the premises for the break. It does not state that for the meal time period.

In the past the employer had scheduled us for 38 hours "work", and 2 hours meal time paid per week. We have been/are required to be on duty/on site during that meal break to support our customers/the business.

They are now telling us that we will have scheduled work 40 hours per week, and scheduled 30 minute unpaid meal breaks per day (taking us to 42 hours of time we have to be on site). They are telling us that we have to remain on site during these meal breaks. I am still seeking clarification from them on whether they expect us to be available to do work if called during that meal time, or if they saying that we are "relieved of all duties" but we can't leave the premises.

In the past with the 38/2 schedule, they claimed that if we worked additional hours, that the first 2 hours would be paid as "straight time" (IE regular pay rate) because the meal time pay doesn't count toward overtime consideration. Any additional hours after that 2 would then be paid at the required 1.5x overtime rate.

They are saying that they are moving to this new 40/0 schedule because they have determined that they have been improperly following overtime rules and that this is the way they now must do it to be compliant.

End result for us is now we have to work two additional hours per week at no additional pay.

End result for the company is they are trying to (understandably) get the most "hours works" from each employee, without having to pay any additional pay (straight or overtime rates)

So my questions are:

1 - Am I somehow not covered by the standard Colorado labor laws due to the nature of it being shift work, or due to the fact that I can somehow be classified as a non-exempt professional? (note that if question 1 turns out to be true, then I suppose the next questions become moot).

2 - If they move us to this 30 minute unpaid meal time, can they require that we have to remain on the premises, even if they remove all other duty requirements?

3 - If they require us to remain on the premises, and claim that we are removed from duty, then that would mean that they can not require us to do anything (take a phone call/request, interrupt our meal to do work and then continue meal, answer door, etc.), correct? If they expect us to be "on call' during that meal break, that just makes it an on-duty meal expectation then, correct?

4 - If the schedule is 38 hours work and 2 hours paid meal, is any additional time considered overtime, or is there a 2 hours straight time gap first, then overtime rates apply? Or is it all overtime?

5 - Regarding off premise. Is there a legal definition that says what the premises includes? Is it just the physical building? Does it encompass the parking attached to the building? Is that purely up to the employer to specify?

Thank you very much for reading through all this and any light you can shed on the situation.

You're right, that WAS way too long, but I skimmed it and went to the questions at the end (at least you summarized the questions).

1. You would be covered by Colorado wage and hour law.
2. Yes, they can.
3. No, it does not. If, in fact, you are interrupted during your 30-minute meal period for work, then the entire meal period must be paid.
4. Colorado law requires overtime pay when you actually work in excess of 40 hours in a workweek, 12 hours in the defined work day or 12 consecutive hours, regardless of when the work day starts/ends. In the example you cited, hours 39-40 therefore can be paid at straight time.
5. The employer may require you to stay on the premises during your meal period, which would make sense if you were subject to being called back to work at a moment's notice. Colorado law does not require the meal period be considered hours worked just because you are required to remain on the premises, which can be defined however the employer chooses.