Under the Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36, 7 Colo. Code Regs. § 1103-1-5, employees are entitled to a 10-minute paid rest period for every four hours of work or major fraction thereof. There is no specific authority in the statute to waive the break by mutual mutual agreement between the employer and the employee, or for an employe to opt out of the break.

In the case of Williams v. Sabells Snow & Lawn Serv. Llc, the court considered the lack of breaks to be additional hours worked. Williams v. Sabells Snow & Lawn Serv. Llc, 2020 Colo. Dist. LEXIS 1675. Therefore, even if an employee agrees to waive their break, the employer is likely still legally obligated to provide it, and failing to do so could result in a violation of state labor regulations.

I would suggest speaking to an attorney to discuss your specific situation.