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USLF Multistate Employment Law Handbook - Guide

Employment Law For Breaks In Florida

Category:

Employment - Handbooks

State:

Multi-State

Control #:

US-002HB

Format:

Instant download

Description

This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.

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Florida does not have specific laws mandating minimum shift lengths. Employers are not required to schedule employees for a minimum number of hours, and there are no state-mandated requirements for minimum shift time beyond what may be outlined in individual employment agreements or company policies.

It is not legal in the US per OSHA regulations for an employer to work an employee 8 hours without a scheduled break. In fact, the OSHA rules are to be posted in every break room.

The state of Florida has no daily work hours limit, so employees can work as much as they want. However, if an employee works more than 40 hours in a workweek, they are entitled to overtime compensation — unless they are exempt.

Employees working more than six hours are legally entitled to a 20-minute uninterrupted rest break during their shift. This break must be taken during the working period and not at the beginning or end of the shift.

This is true even if the employee is not actively working and is simply on duty in case someone calls or an emergency comes up. Importantly, employers cannot automatically deduct meal breaks from an employee's hours worked if an employee chooses to work through the meal break.

Federal Law for Rest Periods The FLSA does not mandate any type of rest period for breaks or meals, which means an employee can be required to work an eight-hour workday without so much as a restroom break. But that's virtually unheard of among U.S. workers.

Denying Meal or Rest Breaks in Florida As per the details above, in most cases, it is unlikely that employees can sue their employer specifically for failing to provide meal or rest breaks in Florida.

Generally speaking, yes an employer may require that their employees take breaks, even if they are not required to provide them under the law; there is nothing in the law that would prevent them from doing so.

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Florida employers are not legally required to offer rest breaks, except to employees age 17 or younger. According to Florida's break laws, employers in Florida aren't required to offer meal or rest breaks, either paid or unpaid, to their employees.Workers have a right to at least a 30minute meal break or each 6 hours worked in a calendar day. Florida Law on Employee Breaks: The state follows the federal FLSA in not requiring employers to provide meal or rest breaks for workers. Florida employment law requires regular meal and rest breaks for non-exempt employees. Learn about your rights to meal and rest breaks here. Florida child labor laws requires a break after 4 hours. Neither you nor your employer can waive this. Although breaks are not required, employers must pay employees for time they spend working and for shorter breaks during the day. In Florida, employment law doesn't mandate meal or rest breaks for most employees.

Employment Law For Breaks In Florida

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FAQ

Is there a minimum shift law in Florida?

Can you work 8 hours straight without break?

How many hours straight can you legally work in Florida?

Do I have to take a break on an 8 hour shift?

Can an employer automatically deduct lunch breaks in Florida?

Can I work 8 hours straight?

Can I sue my employer for not giving me breaks in Florida?

Can an employer force you to break?

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