Colorado break laws under the COMPS Order
Reviewed Sep 27, 2026 3 official sources How we verify
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The answer
Yes: 30 minute meal over 5 hours, paid 10 minute rest per 4 hours
Rule 5 of the Colorado Overtime and Minimum Pay Standards (COMPS) Order #40, 7 CCR 1103-1, in effect since February 1, 2026, entitles employees to an uninterrupted, duty-free meal period of at least 30 minutes once a shift runs longer than five consecutive hours. It also requires a compensated 10 minute rest period for every four hours of work or major fraction of four hours. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
“Colorado ½ hour if work shift exceeds 5 consecutive hours. On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties.”
What it means for Colorado employers
Colorado turns the rest break rule into a table, which removes the guesswork about fractions. Two hours or less of work: no rest period. Over 2 and up to 6 hours: one. Over 6 and up to 10: two. Over 10 and up to 14: three. Over 14 and up to 18: four. Over 18 and up to 22: five. Over 22: six. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
Placement is set as far as practical. The meal falls at least one hour after the shift starts and at least one hour before it ends; each rest period sits in the middle of its four hour work period. The order says employees do not have to leave the premises for a rest period. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
A meal is unpaid only if the employee is completely relieved of all duties and free to pursue personal activities. When the business or circumstances make an uninterrupted meal impractical, the employee eats on duty while working and is paid for the whole on-duty meal period, without losing time or pay. (U.S. DOL WHD, Meal period requirements under state law)
Rest periods count as time worked for minimum wage and overtime. Two 5 minute breaks can replace one 10 minute break only if the employee agrees voluntarily, on the day or in a signed writing covering up to a year, and five minutes is enough to reach a bathroom or break area in that workplace. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
Penalties and liability
Rule 5.2.4 treats a missed rest period as unpaid work: the shift was effectively extended by 10 minutes without pay. Failing to authorize and permit a required rest period is therefore a failure to pay 10 minutes of wages at the higher of the agreed or legally required rate, and the same applies to incomplete rest periods and to salaried employees. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
Exceptions and special cases
- Employees under a collective bargaining agreement, and certain Medicaid-funded direct care services requiring continuous supervision, may have rest periods that average at least 10 minutes per four hours over the day, with at least 5 minutes in every four hours (Rule 5.2.1(B)); pay for rest periods is unchanged. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
- Agricultural employees doing hand-weeding or hand-thinning receive an extra five minute rest period in each work period (Rule 2.3.3). (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
- The meal and rest rules do not apply to truck drivers whose main duty is hauling livestock or to combine or harvester operators while harvesting (Rule 2.3.3). (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
- Other exemptions and variances are listed in Rule 2 of the COMPS Order. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
Worked examples
Nine hour shift, 7:00 a.m. to 4:00 p.m.
The table gives two paid rest periods (over 6 and up to 10 hours). The 30 minute meal fits between 8:00 a.m. and 3:00 p.m., and a mid-day slot such as 11:30 a.m. keeps it clear of both edges of the shift. (U.S. DOL WHD, Meal period requirements under state law)
Five hour 15 minute shift
The shift exceeds five consecutive hours, so a duty-free 30 minute meal is due, and the table gives one rest period (over 2, up to 6 hours). (U.S. DOL WHD, Meal period requirements under state law)
Missed breaks at $20 an hour
An employee on a 10 hour day who gets neither of the two required rest periods is owed 20 minutes of pay, $6.67, on top of the hours already paid, under Rule 5.2.4. (7 CCR 1103-1, COMPS Order #40 (Colorado Secretary of State))
How to act on it
Breaks: Colorado and neighboring states
Each state links to its rulebook. Only rules we verified are shown.
| State | Meal break | Rest break |
|---|---|---|
| Colorado | 30 minutes | 10 min per 4 hours |
| Utah | No state rule | No state rule |
| Wyoming | No state rule | No state rule |
| Nebraska | Depends on the case | Pending verification |
| Kansas | Pending verification | Pending verification |
| New Mexico | Pending verification | Pending verification |
Questions about Colorado break rules
Are rest breaks paid in Colorado?
Yes. COMPS Rule 5.2 requires compensated rest periods, and they count as time worked for minimum wage and overtime.
How many rest breaks does a 12 hour shift get?
Three, because the COMPS table gives three rest periods for over 10 and up to 14 hours.
Can employees eat while working instead of taking a meal break?
Only when an uninterrupted meal is impractical; the on-duty meal period is then fully paid.
What does a missed rest break cost in Colorado?
Ten minutes of pay for each missed rest period, at the higher of the agreed or legally required rate (Rule 5.2.4).
Do employees have to leave the building for a rest break?
No. The COMPS Order says it is not necessary to leave the premises for a rest period.
The verified rules behind this page (2)
- Employees are entitled to an uninterrupted, duty-free meal period of at least 30 minutes (½ hour) when the shift exceeds 5 consecutive hours; when an uninterrupted meal period is impractical, an on-duty meal must be allowed and fully compensated. (Colorado administratively issued Wage Order / COMPS (U.S. DOL WHD meal period table); verified Sep 27, 2026)
- Paid 10-minute rest period for each 4 hours of work or major fraction thereof, in the middle of the work period as practicable. (Colorado Minimum Pay Standards (COMPS) Order (U.S. DOL WHD rest period table); verified Sep 27, 2026)
Sources (3)
Checked Sep 27, 2026 · How we verify every rule · Report an error
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