Colorado Labor Laws for Medical Insurance Companies

[Nitrodrip]

I have looked around and read so far that Colorado mandates breaks and lunches as follows:

½ hour after 5 hours, except when workday will be completed in 6 hours or less. On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties.

My question comes in that my employer is stating since I work for a Medical Insurance Customer Service company that we fall under different regulations. Now I do see under "Coverage" it states:

Applicable to retail trade, food and beverage, public housekeeping, medical profession, beauty service, laundry and dry cleaning and janitorial service industries. Excludes certain occupations, such as teacher, nurse, and other medical professionals.

My question is working in this field does it make a change in how breaks and lunches are regulated? Or does this fall into a normal call center customer service based position? Are there any further mandates that go into the "Medical Professional" exclusions in depth in case this needs to be brought to their attention?

Thanks, Shane

[LConnell]

According to the state, "Healthcare industry" is defined in IWC Orders 4 and 5-2001, and means "hospitals, skilled nursing facilities, intermediate care and residential care facilities, convalescent care institutions, home health agencies, clinics operating 24-hour per day, and clinics performing surgery, urgent care, radiology, anesthesiology, pathology, neurology or dialysis. The term "clinic" does not apply to a physician’s office unless the office meets the requirements of a "clinic" given above." In another portion of California's regs, it states, "Employees in the Healthcare Industry" means any of the following: (1) Employees in the healthcare industry providing patient care; or (2) Employees in the healthcare industry working in a clinical or medical department, including pharmacists dispensing prescriptions in any practice setting; or (3) Employees in the healthcare industry working primarily or regularly as a member of a patient care delivery team (4) Licensed veterinarians, registered veterinary technicians and unregistered animal health technicians providing patient care."

Medical professional certainly does not include someone working in a call center for an insurer. Those in that call center need to receive breaks.

[Nitrodrip]

Thank you SO much!

That clears up a lot. There is some grey area and most have taken for granted that the manager's instructions have been correct. Long story short they have told us that we are "given" breaks but they can be taken away if demands increase.

The only other question is what is considered a "rest period" they have told us that work still needs to be preformed during this time but since we are not taking calls it is a "break". Is a break/rest period time away from any work activity or just your primary work function? Again thanks for all the clarification.

Shane

[LConnell]

As I reread the post, I realized that I was quoting California statutes, not Colorado. However, the definitions are similar. Working in a Call Center for an insurer does not count as being part of healthcare. Page 62 of the following:
http://www.coworkforce.com/LAB/AB.pdf

As to your second question, re: the employer's definition of a rest period...I have to say, "WHAT? Who are they fooling?" Rest period means a rest period. Though I couldn't find it absolutely definited in CO regs., I did find where state law says that a person who is required to eat at his/her desk for lunch because business conditions are such that they cannot leave their station, must be paid for that time AND be given the opportunity to eat a meal of his/her choice.

I encourage you to contact the state as they could provide you with a definitive answer. Good luck.

[Nitrodrip]

Well that gives me a lot to work with. I know that it sounds stupid but as with anything I want to have all my info covered. They really rely on the employee not challenging anything and they have most of the floor (25-30 people) believing it! This is a great site and thanks for all the documentation.

Shane