Breaks and lunch times required

[smkat]

What is the name of your state? CO

My husband is a banquet coordinator for a local restaurant for the past year. His schedule is 10am-6pm. He was told he has to log out for lunch, but is still required to answer phones, take reservations, etc, even while logged out. Most days he only gets 15-20 minutes for lunch before being told he has to log back in and continue working. Plus, he doesn't get a break during the day either. I know that in most states those aren't required by law, but in Colorado apparently they are.

http://www.workplacefairness.org/breaks_statelaws
Colorado
Colo. Code Regs. § 1103-1
Applies to: Retail and service, food and beverage, commercial support service, and health and medical industries.
Exceptions: Employees in administrative and professional occupations.
Meal Break: 30 minutes, unpaid, after 5 hours of work. On-duty paid meal period permitted when nature of work prevents break from all duties.
Rest Break: Paid 10-minute rest period for each 4 hours or major fraction worked; if practical, in the middle of the work period.

My question is this... do these break laws apply to ALL employers, including small businesses? The restaurant her works for isn't a major chain, it's just a small locally owned business.

 

[smkat]

Does anyone have any idea? Or if you don't know the answer, does anyone know where to point me in the right direction to find out if this law also applies to small businesses? Thanks!

 

[fairisfair]

Does anyone have any idea? Or if you don't know the answer, does anyone know where to point me in the right direction to find out if this law also applies to small businesses? Thanks!

well, to start, is your husband's job considered food and beverage, or is it in fact administrative? Sounds like it is administrative, if he is answering phones, etc? Or is it possibly a combination of the two?

 

[smkat]

I believe he is considered a combination of food/beverage and customer service... he answers phones and set reservations, also books and sets banquets, helps arrange rooms, handle any problems that arise at the party, etc. I know where he works is definitely considered food and beverage.

 

[fairisfair]

I believe he is considered a combination of food/beverage and customer service... he answers phones and set reservations, also books and sets banquets, helps arrange rooms, handle any problems that arise at the party, etc. I know where he works is definitely considered food and beverage.

Just because the company is considered a food a beverage establishment, does not mean that his job is food and beverage. apparently they are considering him excepted under the premise that his job is administrative in nature. Has he addressed his concerns with his employer? what was their response?

 

[smkat]

He has not approached them yet... they are not the type to be receptive to employees questioning anything, so we wanted to know for sure before he said anything. Is there a way to determine what his job duties/description are considered under Colorado requirements?

 

[villain]

His meal periods should be paid unless he is relieved of all duty, which apparently he is not. Even if relieved of all duty, he still must be paid for a "meal period" which lasts less than 30 minutes per FLSA.

Having said that, your husband may or may not be required to be provided with these breaks. I am not familiar enough with Colorado labor law to know. Research at the Colorado Division of Labor website http://www.coworkforce.com/lab/

 

[mlane58]

Under Colorado law Food and Beverage is defined as any business or enterprise that prepares and offers for sale, food or beverages for consumption either on or off the premises. Such business or enterprise includes but is not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country clubs and any other business or establishment required to have a food or liquor license or permit, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. So it doesn't matter if his job is either administrative or handing our napkins

Now with that being said his business is required by Colorado law to provide uninterrupted and ‘duty free’ meal period of at least a thirtyminute duration when the scheduled work shift exceeds five consecutive hours of work. The employee must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee
shall be permitted to consume an “on-duty” meal while performing duties. Employees shall be permitted to fully consume a meal of choice “on the job” and be fully compensated for the “onduty” meal period without any loss of time or compensation.

As for rest breaks in Colorado: Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four-hour work period. A compensated ten-minute rest period for each four hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is not necessary that the employee leave the premises for said rest period. It is the policy of the Division of Labor that the ten-minute rest period does not necessarily have to consist of ten consecutive minutes.

 

[smkat]

Wow, thanks! That helps a lot!

 

[fairisfair]

Under Colorado law Food and Beverage is defined as any business or enterprise that prepares and offers for sale, food or beverages for consumption either on or off the premises. Such business or enterprise includes but is not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country clubs and any other business or establishment required to have a food or liquor license or permit, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. So it doesn't matter if his job is either administrative or handing our napkins

Now with that being said his business is required by Colorado law to provide uninterrupted and ‘duty free’ meal period of at least a thirtyminute duration when the scheduled work shift exceeds five consecutive hours of work. The employee must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee
shall be permitted to consume an “on-duty” meal while performing duties. Employees shall be permitted to fully consume a meal of choice “on the job” and be fully compensated for the “onduty” meal period without any loss of time or compensation.

As for rest breaks in Colorado: Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four-hour work period. A compensated ten-minute rest period for each four hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is not necessary that the employee leave the premises for said rest period. It is the policy of the Division of Labor that the ten-minute rest period does not necessarily have to consist of ten consecutive minutes.

Nice job, Mark!

 

[mlane58]

Thanks Fair