The Colorado Department of Labor and Employment (CDLE) has been busy this summer with the release of several Interpretive Notice & Formal Opinions (INFOs), providing guidance on the evolving landscape of Colorado employment law. Specifically, the CDLE recently released new guidance on (1) employee meal and rest periods (INFO #4); (2) paid sick leave for employees under Colorado’s Healthy Families and Workplaces Act (HFWA) (INFO #6B); and commissions and bonuses (INFO #17).
INFO #4: Meal and Rest Periods
INFO #4’s updated guidance retains much of its original language from older versions, but it includes additional information. Specifically, the INFO provides two noteworthy changes.
First, while the Colorado Overtime and Minimum Pay Standards (COMPS) Order #38 states that rest breaks are “time worked” for purposes of calculating minimum wage and overtime, INFO #4 adds that rest breaks are also “time worked” for purposes of recordkeeping and earnings statements. Therefore, under this new guidance, employers have an affirmative obligation under COMPS Order #38, Rules 7.1–7.3, to include rest breaks as part of time worked, which is included on earnings statements.
Second, INFO #4 clarifies an employer’s obligations with regard to determining whether a lunch break is impracticable. Under existing law, employees are entitled to thirty-minute uninterrupted and duty-free meal periods when their shifts exceed five consecutive hours unless the nature of the business or other...
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