A few questions if I may.
I work for a Major Pizza company as a deliver driver and some things at work have come up that are questionable.
I have read all the details and laws concerneing the laws pertaining to mandatory breaks and lunch breaks but I can't seem to educate the people in charge at the store.
We recently were told that "breaks" were now mandatory. That they will be 30 minute non-paid breaks. Not lunches, breaks. This includes everyone, cooks, drivers and waitresses. Pretty much everyone's shifts run anywhere from 4 to 7 hours. There are no 10 minute paid breaks. Just the 30 minute "break".
Example: January 30, 2009. I started work at 10:30 am, at 12:30 pm, I was told to take my 30 minute break. Did so. Then again at 2:30 pm I was told to take another one at which that point I refused it and explained that legally I didn't have to take another one that I already took my "mandatory" break. I explained that just because nothing is going on that the manager cannot just keep making an employee keep taking breaks to save money. He explained to me that as a manager that he could do whatever he wanted. It was then I told him now if things are slow and you wanted to send employees home, then by all rights he has that right. So even tho I was scheduled for a 7 hour day, I was sent home after 4 hours.
I have been with this company for 5 years now, off and on and it seems that since the new owners whose main office is located in Kansas have no clue as to what the labor laws are in Colorado.
Little bit of information and help on the law and what do to in this situation would help as others at work rely on me for advise.
Thanks,
djhobson

Hold on a minute.

Under NO circumstances do you get to tell the employer that you don't have to take a break. If you are told to take a break, you take it. It is NOT up to you when you take your breaks; it is up to them.

If you are not getting the breaks required by law, you file a complaint with the state department of labor. But you do not tell your boss that you don't have to take a break because you already took one.

And, btw, he can send employees home. That's a completely separate issue.

Its either me or perhaps I am not stating it right.

What was said I took a 30 minute unpaid break 2 hours after I started work and then was told to take another 30 minute unpaid break almost 2 hours after that, in only a 4 hour period.

You still have to take whatever breaks your employer tells you to take & when they tell you to take them. You don't tell your employer when your breaks are to be taken.

I understand that you were given a break and then told to take another one that is not required by law.

Do you understand that the employer, not you, decides what hours you work?

The law does not say that you CAN'T take a second break. It is not up to you to tell your employer what breaks you will and will not take.

Again, if you are not getting all the breaks required by law you have recourse, but you do NOT have the right to refuse to take a break that your employer tells you to take without risking your job.