Meal and Rest Periods in Colorado

cbcolorado

Hi - I'm Carol from Colorado - I'm "HR" (and many other things) for a fast-food franchisee. Our managers typically work a 10 hour a day schedule. What I need help with is determining how many rest periods and how many meal periods they should get. Below is the "shortened" version of the legal mumbo-jumbo from Colorado Minimum Wage Order #22:

Meal Periods: employees shall receive one meal period when scheduled work shift exceeds 5 consecutive hours.

Rest Periods: Employers shall authorize rest periods, which, insofar as practicable, shall be in the middle of each 4 hour period. A 10 minute rest preriod for each four hours or major fractions thereof shall be permitted.

If an employee works from 8 am to 10 pm (10 hours)wouldn't they get two 10 minute rest periods(there are two 4 hour periods) and two 30 minute meal periods (there are two 5 hour periods)?

or

since 10 hours ends the shift and does not exceed 5 hours a 2nd time, would it be one 30 minute meal period.

Appreciate any help in this "word problem"

cbColorado

irenesmsaclaims

Hi Carol, 8AM to 10PM is 14 hours, not 10. You didn't ask, but in Colorado you have to pay overtime over 12 hours in a day.

With these hours, you will have to look at the statutes very carefully in terms of rest and meal times, and do some calculations, and, if I were you, would err on the side of being generous, i.e., expand each period for the length of time exceeding 8 hours.

If it is indeed 14 hours for a working day, I'd be watching out for fingers in the food!