Breaks and Meal Periods for Colorado

[bjtaylor]

I have worked for (company name deleted by moderator) for about 3 months. We never get a "10 Minute" break. And if we are scheduled less than 9 hours per day we are not allowed a lunch break. I have worked 6, 7, and 8 hour shifts with no break at all. Last Friday (My work hours are suppose to be 7:30 to 4:30 daily) I was told that I was going to be sent home at 2:30, my hours were being cut. My Assistant Director then said if you want to get your 8 hours in you can work until 3:30 but not take a lunch break. Which I did because I did not want to lose hours. I was told today that Friday I would be working 7:30 to 3:30 without a break. I changed careers about two years ago after working as an office administrator for about 15 years, I always received breaks and was usually salaried. I do not understand why I am not allowed breaks. Last week I was scheduled an 8 hour shift 7:30 to 4:30, when it was my lunch time my Assistant Director asked if I could work through my lunch, I replied no that I wanted to eat. She then made a snippy remark about not getting her break until 3:00 pm then. I have only been there a short while so I told here I would hurry and go get lunch and come back. I was gone about 15 minutes. Then continued the rest of my shift with no additional break. I am 45 years old, and all the other employees complain but say nothing. What recourse do I have?

[LConnell]

Though Colorado does have a meal and rest period rule, I do not believe that ut applies to persons working for a pre-school/day care. Instead, it is only applicable to persons working in food and beverage, retail and services (such as banking), commercial support services (companies whose customers are other businesses) and health and medical organizations.

Since the regulations are somewhat vague, you may wish to validate this informaiton with the state.

[mwitte2]

i have a brother in law that works for a hotel, and they do not let him have any 15 minute break, and they tell him that when its dead is when he can eat his lunch, but if its busy, he doesnt get a lunch. My sister said that it is not illegal.
Please tell me if that is illegal or not. That way I can let her know.

Melissa
colorado

[cbg]

Fifteen minute breaks are not required for hotel employees (or any other employees) anywhere except IL.

CO law does offer a ten minute break for every four hours work to certain employees, but I do not believe hotel employees are among them. I could be wrong. Mlane?

[mlane58]

Tell your sister she is wrong. In Colorado every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the
middle of each four (4) hour work period. A compensated ten (10) minute rest period for each four (4) hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is not necessary that the employee leave the premises for said rest period.

[cbg]

So when my source says that the law applies to retail and service, food and beverage, commercial support industries, and health and medical industries, it is incorrect?

Not arguing, just clarifying.

[mlane58]

Originally Posted by cbg

So when my source says that the law applies to retail and service, food and beverage, commercial support industries, and health and medical industries, it is incorrect?

Not arguing, just clarifying.

Sorry for the delayed response, I was on a mini vacation to jackson Hole, WY visting my daughter. Every source I have to include Colorado Wage Order 22 doesn't mention anything about Hospitality which is what the OP asked. As far as the other industries that are exempt the act states that the following are exempt from Wage Order 22: If there is another statue that addresses this, I would like to see it so I can have that information. HEY I have been wrong before!

1. Insurance Industry
2. Residential Camps
3. Veterinary Medicine
4. Western Stock Show Association
5. Airline Industry
6. Respite Care Workers
7. Companion Services
8. Casual Babysitters
9. Bakeries
10. Developmental Disability Community Centered Boards and Service Agencies
12. Ski Industry
13. Medical Transportation Industry
14. Commission Sales
15. Agricultural Industry
16. Construction Industry
17. Manufacturing Industry
18. Non-Profit Organizations
19. Religious and Charitable Organizations
20. Inmates in Correctional Institutions

[cbg]

My source lists Colo. Code Regs 1103-1 and lists meal and break regs, as described, as being applicable to the industries I posted.

I may have to do some deeper research here.

[RCG301]

How about auto Mechanic's in Colorado are there entitle to get there Breaks and Meal Peroid.

[n141t240]

Most auto mechanics are paid on a "flat rate" basis which basically means that we are independent contractors. we get paid for the work that we do and that is it. So, if you are in between vehicles you have full right to stop and grab a bite to eat. Which basically means that that is time you are not getting paid for. When the people sit down to write the labor guides, they include time in there to "grab a cup of coffee" (or two depending on how long they think it takes to complete the work order). HOWEVER: if you are a D level mechanic and are paid hourly, you are entitled to said breaks including lunch because, at that point you are a full payroll employee and not an independent contractor.

I do believe this information to be true and if not, someone please correct me!

[mlane58]

n141t240, you are posting to a thread that is over 2 years old.

[n141t240]

Oops! thanx for pointing that out! oh well, at least thaeir question was answered!