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Colorado: Hours worked before having to take a meal break

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  • Colorado: Hours worked before having to take a meal break

    I know in colorado, you can work upto 5 hours before having to take a meal break. Therefore my question is if an employee is scheduled a 5 hour shift, does that employee have to take a meal break? Is this ligit?

    Reasoning is many of my co-workers and myself encluded are being scheduled a 5 hour shift and we are being forced to take a meal break on these 5 hours shifts.
    It's a Great Day to learn something new.

  • #2
    Under Colorado law you have to exceed 5 hours of work in order to get a meal break. Your employer giving you a meal break even though you don't exceed 5 hours, isn't violating the law, they are going above and beyond.
    Last edited by mlane58; 12-07-2007, 06:13 AM.
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      Colorado employers are required to give a meal period of 30 min. if an employee works five or more hrs. 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 hr. work period. Moreover, a compensated 10-min. period for every four hours worked is permitted for all employees.
      To summarize: meal period - 30 min. if workday is at least 5 hrs. (until 2004 was 6 hrs); rest break - 10 min. for every 4 hrs. worked.
      re meal period - it's required if you work at least 5 hrs. - do not have to work in excess of 5 hrs.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Originally posted by Betty3 View Post
        Colorado employers are required to give a meal period of 30 min. if an employee works five or more hrs. 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 hr. work period. Moreover, a compensated 10-min. period for every four hours worked is permitted for all employees.
        To summarize: meal period - 30 min. if workday is at least 5 hrs. (until 2004 was 6 hrs); rest break - 10 min. for every 4 hrs. worked.
        re meal period - it's required if you work at least 5 hrs. - do not have to work in excess of 5 hrs.
        Betty, you most certainly do have to exceed 5 hours in order to get a meal break. Wage Oder 22 in Colorado is very clear

        Employees shall be entitled to an uninterrupted and ‘duty free’ meal period of at least a thirty-minute duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time.
        Somedays you're the windshield and somedays you're the bug.

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        • #5
          I didn't know the law so I had to do a search for the answer. (checked two references) The one made reference to Colorado Minimum Wage Order Number 22 & I typed it word for word assuming they had typed it more or less word for word. (it said 5 or more hrs.) The summary I got from another ref. which said meal breaks when *at least*5 hrs. worked in Colorado. The OP said they are forced to take meals when scheduled for a 5 hr. shift. It all seemed right & tied together. I didn't verify & look up the Co. Min. Wage Order #22. I did now though & you are correct - it's in excess of 5 hrs.

          mlane & Margo - I am very sorry - my original references were not correct. Margo - mlane's posts are correct.
          mlane - thanks. Betty
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Betty, that's ok, at least we both know

            Mlane, thanks for double checking, that's what I thought, but wanted to be sure before i said anything at work. I'd rather would know the facts first.
            It's a Great Day to learn something new.

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            • #7
              The thing is though, Margo, that even though the law doesn't require you to take a break unless you work in excess of 5 hrs., your employer can require you to take one. If you don't do as required, you can be disciplined up to & including being fired.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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