Colorado Break Laws (2026)

Employees are entitled to an uninterrupted and duty-free meal period of at least 30 minutes 'when the shift exceeds 5 consecutive hours.' To the extent practical, the meal period must be at least one hour after the start and one hour before the end of the shift.

Who's covered

All private-sector employees covered by the COMPS Order (7 CCR 1103-1), unless exempt under COMPS Rule 2 (e.g., bona fide executive/supervisor, administrative, professional employees and other listed exemptions). Since June 2021 agricultural employees receive the same meal and rest periods (CDLE INFO #4). Not limited to the 4 industries listed in the DOL table.

Longer shifts

No second-meal rule in the COMPS Order (each shift exceeding 5 consecutive hours gets a 30-minute meal period).

Paid or unpaid

Unpaid only if the employee is completely relieved of all duties and permitted to pursue personal activities (CDLE: and allowed to leave the work site). When the nature of the business makes an uninterrupted meal impractical, the employee must be allowed to eat an on-duty meal while working and be fully compensated for it. CDLE: an employer generally cannot declare all meal periods impractical.

Waivers

No employee waiver provision for meal periods; 'impractical' on-duty paid meals only.

Exemptions

Exemptions and variances in COMPS Rule 2 (e.g., executive/supervisor, administrative, professional, outside salespersons, and others listed). Some overtime-exempt employees (e.g., car dealership mechanics) still get meal and rest periods.

Source: 7 CCR 1103-1, COMPS Order #40, Rule 5.1

Every employer shall authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof (more than 2 hours), for all employees. To the extent practical, rest periods must be in the middle of each 4-hour work period; employees need not be allowed to leave the premises. By voluntary agreement (on a given day, or in a signed writing covering up to one year) two 5-minute breaks may substitute if 5 minutes suffices to reach a bathroom/rest location; CBA-covered and certain Medicaid-funded home-care workers may average 10 minutes per 4 hours (at least 5 minutes per 4 hours).

How many: 2 hrs or fewer: 0; over 2 up to 6: 1; over 6 up to 10: 2; over 10 up to 14: 3; over 14 up to 18: 4; over 18 up to 22: 5; over 22: 6. (minShiftHoursForFirstRest=2 means the first rest is required once the shift is MORE than 2 hours.)

Pay: Paid; rest periods are time worked for minimum wage and overtime.

Source: 7 CCR 1103-1, COMPS Order #40, Rules 5.2-5.2.4

No separate minor-specific meal or rest rule was found; minors receive the same COMPS Order Rule 5 meal and rest periods as adults (30-minute meal for shifts over 5 consecutive hours; 10-minute paid rest per 4 hours or major fraction). Hours and occupation limits are in the Colorado Youth Employment Opportunity Act (C.R.S. 8-12) and Youth Employment Standards Rules (7 CCR 1103-20).

Source: 7 CCR 1103-1 Rule 5 (applies to all employees); C.R.S. 8-12; 7 CCR 1103-20

All employers (one or more employees) must 'provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for the nursing child for up to two years after the child's birth,' and must make reasonable efforts to provide a private room or location in close proximity to the work area, other than a toilet stall. Employers may not discriminate against employees for expressing milk. (Undue-hardship and other details are in the statute and CDLE INFO #7.)

Pay: Unpaid unless the employee uses existing paid break or meal time.

Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.

Source: C.R.S. §§8-13.5-101 to -104 (Workplace Accommodations for Nursing Mothers Act)

A missed or incomplete required rest period is treated as an extension of the shift: the employer owes 10 minutes of pay (or the missing minutes) at the agreed or required rate, at overtime rates if in overtime hours (COMPS Rule 5.2.4). Failure to provide meal or rest periods can also bring compliance orders and fines under C.R.S. §8-1-140(2) (CDLE INFO #4).

Under federal law, a “meal” break during which the employee keeps working is paid time — and can create unpaid overtime. Check the Colorado overtime rules.