Just wanted to see if this was correct. My boss for the past almost year has made my shift (expecially the last couple of months) a 5 hour shift from start to finish. I work in the medical field and I'm normally the only one on duty. It is connected to a larger compainy that really has nothing to do with what I do and there is no one who can do my job while I go on break or lunch. I was sent home today for not "clocking out" before the 5 hour period for a total of they said a total of 5 times by 1 or 2 min (really) over the 5 hour mark in the past couple of months. I've been working from 4 to 9 pm on those days or sometimes closer to 415pm to 918 pm. How ever I NEVER get a "break" or a "non-paid lunch" durring this time due to the patients comming and going and no one but me to help them. Should I loose my job or be sent home (as punishment) due to this? Because I couldn't help go over the 5 hour mark? Most of the time if I have dinner I have to eat it durring my shift in the lab and it is while I'm working (though we are not suppose to eat there (everyone does)) I consider this my only break and it is always intrupted.

What exactly are your job duties? Not your title, but what you do on a daily basis?

Have you asked what exactly you are supposed to do when your five hours are up and there are still patients there with no one to handle them?

Is the issue that you are clocking out at 5 hours 1 minute a couple times a year or that your 4-9 shift has gradually become a 4:15 ish to 9:15 ish one?

Colorado: Employers are required to give a meal period of 30 min. if an employee works in excess of 5 hours. If the nature of the job doesn't allow for an uninterrupted meal period, the employee must be permitted to consume an "on duty" meal while performing duties. Such a meal period must be paid time. Also, every employer is required to provide a rest period in the middle of each four-hour work period. Moreover, a compensated 10 min. period for every 4 hrs. worked is permitted for all employees. Applies to public & private employers with various exceptions incl. elected officials & their staffs. Covers only the following four industries: retail and service, commercial support service, food and beverage, and health and medical. Administrative, executive/supervisor, professional, and outside sales employees are exempt.

We still need the answers to the above questions.