Mandatory one hour unpaid lunch

Question

I work in a devops-like role in Colorado. My manager recently let us know that he wants everyone on the team to be taking a one-hour unpaid lunch break every day so that we each span 9 hours of coverage (we are not required to be in the office or available during our one-hour break, and there is no clocking in/out). Prior to this I had been working through lunch so that I only had to be in the office for 8 hours, which is preferable to me.

• Can a manager legally mandate a one-hour unpaid break every day?
• If so, can this be enforced verbally only? (I.e. my manager has not written down this policy anywhere, he has only told us about it, and it was not part of my offer letter or anything else I signed.)
• What legal recourse does my manager have against employees who ignore this verbal mandate and stay in the office 8 hours, working through lunch?

Answer 1

By state law you are required to have at least a 30 minute unpaid lunch break and your employer can face legal penalties if you don't get it.

https://www.dol.gov/agencies/whd/state/meal-breaks#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.

As for what can happen colorado is an at will state so it is possible to fire you for not following the policy.

https://www.blr.com/HR-Employment/Performance-Termination/Termination-with-Discharge-in-Colorado

Colorado is an “employment-at-will” state. This means that either the employer or the employee may end the employment relationship without giving either notice or a reason. However, while this is true in theory, Colorado statutes and courts have changed the traditional doctrine to some degree.

Answer 2

Generally, it is the opposite. Most jurisdictions mandate time off for lunch rather than mandating that lunch can be worked through. Where I am basically requires that employees take a half hour for lunch. I was denied for trying the same thing on occlusion and my manager told me to scoot or I would expose the company to liability.

I am no legal expert, but it is only in a few jobs where work is so individual that a working lunch is regularly feasible. I doubt there is a provision for this.