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Work Labor Law For Breaks In Florida
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US-002HB
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FAQ
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.
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.
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.
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.
Yes, you can bring a legal claim associated with the employer not providing you with a reasonable opportunity to take your meal or rest periods.
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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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.Employers are required to pay workers for taking a rest for a bathroom break or drink of water. There is, however, no legal requirement to provide a workday meal break in Florida, except for employees age 17 or younger. However, the Department of Labor does require employers who offer breaks of between 5 and 20 minutes to treat the breaks as paid work time. In Florida, employment law doesn't mandate meal or rest breaks for most employees. However, there's an exception for younger team members. Per FLSA, breaks lasting 5 to 20 minutes are considered part of the workday and must be paid as working time. Florida Leave and Paid Time Off (PTO). Icon. Florida employers are not legally required to offer rest breaks.