How Long Can You Work Without a Break in Florida
For more information on Florida employer obligations visit Florida labor police posting requirements.
Whether an employer permits its employees to have meal breaks and rest breaks is largely within the employer's discretion. While some states, like California and New York, have strict requirements for employers to provide repast and residuum breaks, Florida is not one of them.
In the Sunshine Country, there is no requirement for an employer to provide a meal period or rest break to its employees aged 18 or older. Instead, employers must attach to the requirements of the federal Off-white Labor Standards Act (FLSA), which as well does not mandate a meal or rest intermission. Thus, in Florida, an adult employee does not take a legal right to a repast flow or break. Florida'south merely requirement for a meal interruption applies to pocket-size employees under age xviii.
Here is a summary of what the police force requires:
Meal Breaks in Florida
Many employers voluntarily offer repast breaks in recognition that it is important for their employee's health and productivity to exist given time to consume. There is, however, no legal requirement to provide a workday meal break in Florida, except for employees age 17 or younger.
Until an employee's 18th birthday, Florida labor police force requires that minor employees exist given at least a 30-minute uninterrupted meal interruption for every iv hours of continuous work.
Developed employees are non entitled to any breaks under federal or state law. However, if an employer offers a meal intermission equally part of its company policy, and then information technology must attach to federal requirements.
Federal law requires that employees be paid for hours worked. If the employer offers a repast break of at least thirty minutes during which the employee is relieved of all chore duties, then the employer does non have to compensate the employee during the meal break. However, if the employee is required to work through the designated "meal break" (e.g., a receptionist who must still respond the phones during dejeuner), then the employee must be paid.
Repast breaks must not exist provided in a discriminatory mode. In other words, an employer cannot deny the meal interruption to a specific employee based on sexual activity, race, inability, national origin, religion, age, or race.
The about common pitfall for employers is assuasive some work to be performed during a meal break, which renders the interruption compensable. To avert this, the employer may prohibit any kind of piece of work during a meal intermission or may crave employees to go out their workstations during the allotted meal breaks.
Rest Breaks in Florida
Florida employers are not legally required to offer rest breaks. However, many employers do offer residuum breaks as a thing of custom or policy. If the employer elects to provide a residue break, then federal law requires employers to pay employees for brusk breaks of up to 20 minutes.
The FLSA requires employers to give nursing mothers a break to express milk, whenever the mothers need to express milk, for i twelvemonth after their kid's birth. Employers must provide a place, other than a bathroom, that is private, meaning "shielded from view and free from intrusion from coworkers and the public," where women may express milk. The law only applies to non-exempt employees (i.east., those who are entitled to overtime pay for overtime work), and it exempts employers with fewer than 50 employees if information technology would be an undue hardship for the concern to provide such breaks. These breaks do non need to be paid nether the FLSA. However, where employers provide compensated breaks, a nursing female parent must be compensated in the same way that other employees are compensated for suspension time.
Penalties for Violating FLSA Repast and Residual Break Requirements
Employers tin can refuse to allow breaks, except for minors nether age 18. Withal, if an employer provides a rest pause or requires that work be performed during a designated meal interruption, and then employees must be paid during the break as function of the workday. If non, then employees may file a wage and hour violation complaint to seek compensation for denied wages.
Where to Get More Data Most Florida Labor Laws
For additional information nigh employer obligations under Florida labor laws, including posting requirements for wage and hour and other labor laws, check out our site dedicated to Florida labor law posting requirements.
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Source: https://www.postercompliance.com/blog/what-are-the-legal-requirements-for-workday-breaks-in-florida/#:~:text=Meal%20Breaks%20in%20Florida&text=Until%20an%20employee's%2018th%20birthday,under%20federal%20or%20state%20law.
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