Can an employer force an hourly employee to take an unpaid break?
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Can an employer force an hourly employee to take an unpaid break?
Asked on November 5, 2015 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In CO, all employers must authorize and permit rest periods. To the extent practical, it should be in the middle of each 4 hour work period. A compensated 10 minute rest period for each 4 hours shall be permitted for all employees. This means that such rest periods shall not be deducted from an employee's wages.
Additionally, all employees are entitled to an uninterrupted and "duty free" meal period of at least 30 minutes duration if the scheduled work shift exceeds 5 consecutive hours of work. Employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period. If circumstances exist that makes an uninterrupted meal period impractical, the employee shall be allowed to consume an “on-duty” meal while performing their job duties; employees shall be fully compensated for such a meal period without any loss of time and/or compensation.
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