Mandatory Lunch Hour for Contractor in Colorado

[bamejer]

I'm an hourly contractor in Colorado working as a Database Administrator. When I started my current contract, I was informed that all employees were required to take a 1 hour lunch and could not eat at their desk. Five hours a week, 50 weeks a year adds up to 250 hours of my time that they are taking from me without compensation. I'd prefer to work 8 hours straight and not have to waste an hour in the middle of the day.

Since I'm a contractor and not an employee, do I have to take a mandatory, unpaid lunch? In my 6 years of contracting, this is the first time I've run into this situation.

[Pattymd]

Are you saying that you are an independent contractor? But you are paid by the hour? Requiring that you take a one-hour lunch period, and deducting that hour from you invoice, sounds a little too much like behavioral control, which would imply that you are an employee, not an IC.

Review your contract, and if necessary, have it reviewed by an attorney.

[bamejer]

No, I'm not an independent contractor (1099). I'm actually coming in through a staffing agency where I have a contract as an hourly W-2 (no benefits, etc).

[cbg]

Unless you have a bona fide contract either with the agency or the client that specifically says otherwise, it is common practice for an agency temp to work the hours of the client. Therefore, if the client says you take an hour lunch, you take an hour lunch.

[bamejer]

That's what I was afraid of...thanks!