What happens if my employer doesn't give me a break?

First check your state's labor laws to see if breaks are required. If so, you can file a complaint. If the company is not in violation of any of your state's labor laws, then complaining would be useless. If there is a violation, then your company could be investigated and perhaps even fined.

Is a 30-minute lunch required by law in Florida?

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 law requires that minor employees be given a 30-minute uninterrupted meal break for every 4 hours of continuous work.

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Labor Laws In California Regarding Lunch Breaks In Miami-Dade

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Employment - Handbooks

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Miami-Dade

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US-002HB

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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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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.

First check your state's labor laws to see if breaks are required. If so, you can file a complaint. If the company is not in violation of any of your state's labor laws, then complaining would be useless. If there is a violation, then your company could be investigated and perhaps even fined.

Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.

In California, you're allowed to waive your meal break if you do not plan on working more than 6 hours in a shift. If you do plan on working longer than 6 hours then you are required to take your meal break before your 5th hour of work even if you waived it beforehand.

You must start and end all Meal and Rest Periods in a work status. You cannot use a Meal or Rest to leave work early or show up late. That said, some offices allow it - and again are violating federal law in doing so.

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 law requires that minor employees be given a 30-minute uninterrupted meal break for every 4 hours of continuous work.

Unless your employer tells you otherwise, you're still expected to work up until your scheduled quitting time, even if you willingly skip lunch. There are some situations when employees may take what California law calls “on duty” meal periods.

You cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee's fifth hour of work.

More info

Administratively issued Industrial Welfare Commission Orders, and California Labor Code section 512. Meal and rest break compliance continues to be the source of a great deal of litigation for California employers.Just curious, can a non-exempt employee legally refuse to take their lunch break while working an 8 hour shift? Unlock the secrets of California meal and rest break laws! Our expert employment lawyers provide a comprehensive guide for your peace of mind. California law also requires rest breaks for non-exempt employees who work three and a half more hours in a day. The 30minute meal period set forth in the Work Orders is a minimum requirement. MiamiDade County had proposed rules that would give workers breaks, water, and shade when it's too hot. Fire and smoke are visible in the city of Sierra Madre, Calif. Stay up to date on the latest news and enjoy insightful articles that keep you informed and engaged.

Labor Laws In California Regarding Lunch Breaks In Miami-Dade

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Can I sue my employer for not giving me a lunch break?

What happens if my employer doesn't give me a break?

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

Can I skip my lunch break and leave early in California?

Can I skip lunch and leave work early?

Is a 30-minute lunch required by law in Florida?

Can an employee skip lunch and leave early in California?

Can you work 6 hours without a lunch in California?

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