labor lawAdivision of labor law center

Recently, I’ve been reviewing the laws related to lunches, breaks and other work hour issues. I think it is interesting to note that Florida does not have any laws on the books specifically related to this area, except those pertaining to minors. Florida law requires that minors under age 18 must be given an uninterrupted meal or rest period of at least 30 minutes for each four hours they have continuously worked.

Although Florida does not have a lunch and break law for those persons 18 and over, there are applicable federal rules for Florida citizens. While Federal Law does not mandate specific breaks or meal periods, it does give guidance as to whether or not an employee should be paid during these times. Short breaks are usually 20 minutes or less, and should be counted as hours worked. Genuine “meal periods” are usually 30 minutes or more, and do not need to be compensated as work time. For this to be the case, however, the worker must be completely relieved of his or her duties during the meal break. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid.

Federal law also contains other provisions related to employee pay during times of waiting, sleeping and traveling. Whether or not waiting time needs to be considered paid work hours depends on the situation. If an employee is allowed to do something of his or her choosing while waiting for another task to be finished or while waiting at the workplace for his or her services to be called upon, it is generally considered work time. On the other hand, if an employee is waiting to be called upon, but has great freedom to do what he or she wishes while on call (and has plenty of time to respond to the call), it is not generally considered paid work time.

When it comes to sleeping time, employees required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be deducted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee.

Finally, another issue I find comes up in the area of work hours is the issue of travel time. The general rule of thumb is that time spent in the normal day’s commute to and from work is not considered paid working time. However, if an employee is traveling in the course of a days work, it must be considered paid work time.

Complete information on the laws related to lunches, breaks and other pertinent labor issues can be found on the Florida Complete Labor Law Poster. This poster offers all the required postings for both federal and state labor laws.

Last 10 posts by Sarah

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1. Posted by: Florida law regarding breaks and lunch breaks

   [...] Florida has no laws for those over 18 Florida Lunch and Break Law - Labor Law Center Blog [...]

2. Posted by: Heather Jenkins

   I understand about the lunch and breaks, its the travel time I am still not sure on. What if an employee leaves his home, and travels to a job that is 7 hours away (his office is within an hour of his home, but this worksite happens to be out of town), does he get paid travel time for going to this job and coming back into town??

   Heather

3. Posted by: Amelia

   Hi Heather! This is an interesting problem. Yes, under some circumstances the employee is entitled to payment for travel, if he is driving (but not if he is the passenger.) For a complete answer, please post it on our employee forum at http://www.laborlawtalk.com. And thanks for reading the blogs! Cara

4. Posted by: Louis

   Three years ago, I was hired as a bus driver by a not-for-profit elder-assistance organization. We operate an on-call service (a blend of taxi and bus service) for transporting both disabled and healthy passengers, and are funded by federal, state, and local grants, plus private charitable contributions. The transportation unit for which I work is a subsidiary of the mother organization, which handles all other matters, such as personnel, day care, Meals On Wheels, etc.

   When I was hired, the lunch break was one hour. I was told that, because the nature of our business made it all but impossible to guarantee 15-minute breaks in the morning and the afternoon, as required by federal regulations, the company “folded” those breaks into the lunch period, which extended it to one hour.

   Because of reduced funding, our unit decided in May to reduce the lunch break to 1/2 hour, for the purpose of increasing the availability of drivers and vehicles. The total work day was shortened by 1/2 hour, to remain within the eight-hour daily limit.

   From this, and other, web sites, I have learned that Florida has no lunch-break requirement, but our organization may fall under federal regulations, because of the federal funding. However, I have found nothing regarding this issue.

   Do you know, or can you determine, whether the one-hour, combined lunch and rest-break period is a requirement, as was indicated by the manager and the director at that time. (Both have since left the company.)

   Thank you for your attention to this matter and your assistance.

5. Posted by: Amelia

   Hi Louis! This is an easy question to answer. Federal laws such as the Fair Labor Standards Act do not require any meal or rest breaks for employees, period. Break laws are strictly at the state level, in the US. The FLSA does does require that employees be paid for breaks that are less than 20 minutes, if the employer chooses to give them.

   Some union contracts require rest breaks, and in some occupations OSHA requires that workers be given breaks.

   Drivers of all types, including truck and bus drivers, are covered by Department of Transportation safety regulations. Those rules do require certain breaks, however, it would appear that having an 8-hour shift with a 30 minute lunch break in the middle, would meet those standards. These regulations are designed primarily to prevent highway accidents from drivers falling asleep at the wheel.

   In short, it appears that the previous director of the organization mis-spoke when she or he mentioned a federally required 15 minute rest break. Apparently there is no such thing. (And, if there were, folding it into the lunch break would not have satisfied the legal requirement for a break.)

   For a more complete discussion of this issue, please post a question on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs! ~ Amelia

6. Posted by: Elisa Alter

   I have a problem at work that I am trying to get an answer to. My workplace is telling employees that if a storm or hurricane (like Ike) comes it is mandatory for us to come into work and stay so that when our shift comes we will be there. You get a pillow and a blanket and have to sleep on the carpet and then they don’t even pay you for the time that you have to spend there and away from your family. The last storm we had several employees clocked in at 10pm because they had to work at 7am and they didn’t get paid for their time in the building. My question is can they do that? I was told and the other places I have worked have always paid you for the entire time you are there if they tell you it is mandatory for you to stay. They say if you don’t come in and stay you will be fired. Can you please help me figure this out. thanks
   Elisa Alter

7. Posted by: Amelia

   Hi Elisa! We have a forum set up specifically to answer questions like yours. Please post your question on our site at http://www.laborlawtalk.com for a complete answer. And, thanks for reading our blogs!~ Amelia

8. Posted by: Ana

   I have a question we are looking to hire someone that is 15 and will be 16 12/9/2008. This person does not go to school as he is home school. How many hours can he work? Does he fall under the same rules as the kids that go to school?

   Look forward to your answer.

   Thanks
   Ana

9. Posted by: Amelia

   Hi Ana! Thanks for a great question! In most states (and under federal law) young people who are home schooled are subject to the same work restrictions as others. For a complete, fully-researched answer regarding your state, please post your question on our site for HR pros at http://www.humanresourceblog.com. HTH, and thanks for reading the blogs!~ Amelia

10. Posted by: valerie

    So say a person works 10 hours a day and brings her child to work with her, She must clock in and out to take/pick up kid from school and it takes no longer than 30 minutes. This person when on duty does not take a 30 minute lunch because the office is ran by her alone. When they do send relief in to take over while shes eating her lunch shes still doing paperwork, talking to customers, answering the phones… can the company then turn around and dock her pay for the 30 minutes shes clocked out to take her child to school and then another 30 minutes on top of that for “lunch break?” This ends up being an hour taken off of each day and shortens the paycheck by at least 5-8 hours a week.

11. Posted by: leigh

    My daughter is a life guard and they do rotations and in the rotation is a 30 min break. She was being paid for this time and now the employer is saying they will no longer pay for this time and they are not allowed to leave the area in case there is an emergency. Is the legal?

12. Posted by: Amelia

    Hi Valerie! There are really two separate issues here. If the employee works during her 30-minute meal break, the employer should pay her for it under federal and Florida law. (However, many employers require that workers do not work during this time, so the employer can save money on payroll. An employee who did not comply with this policy could be terminated.)

    If the employee is away from work to pick up her daughter at school, she should not be paid for that time. Many, many employers would not permit an employee to do this, and would fire her for leaving her job. There is no state or federal law that protects an employee’s right to leave work to take her child to school. For a more complete answer, please post your question on our forums at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

13. Posted by: Amelia

    Hi Leigh! This may be legal, depending upon the circumstances. The employer is apparently considering this time a 30-minute unpaid break. Employers can legally require that workers remain on the premises during such a break. If your daughter is rarely or almost never called to go back to work during her break, it can legitimately be unpaid. However, if she is regularly required to work during her break, then under federal law it must always be paid. By the same token, if your daughter is required to watch swimmers and remain on the lifeguard stand, then she must be paid for this period. For a more complete discussion, post your question on our sister site at http://www.laborlawcenter.com. HTH, and thanks for reading the blogs!~ Amelia

14. Posted by: Bruce

    Hi
    Is there a state of Florida law,or Federal law, that states that employers are required to give employees a 15 minute break after 2 hours of work?

15. Posted by: Amelia

    Hi Bruce! No, there is no Florida or federal law that requires any sort of meal or rest break for employees over the age of 18. Under federal law, workers under 18 are entitled to some breaks. For a more complete answer, please post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

16. Posted by: Frank Amato

    Hi:

    I work at home and my employer has me working almost every other week for seven straight days. For instance, I will be working next week on
    Monday, Tuesday, Thursday, Saturday and Sunday. Then the next week after I will be scheduled to work Monday through Friday with Saturday and Sunday off.

    My Question is: If I work the Saturday and Sunday of the first week then 5 days of the next week, making a total of seven straight days, would that be considerd having overtime in Florida for working over 40 hours for seven straight days?

    Regards,

    Frank

17. Posted by: Amelia

    HI Frank! No, this is not considered overtime under federal or Florida law. Overtime occurs when an employee works more than 40 hours in a single payroll week. The employer gets to define the payroll week.

    Suppose your payroll week runs from Monday to Sunday. The first week you are working 8 hours on Monday, Tuesday, Thursday, Saturday and Sunday, for 40 hours. The second week you are working Monday through Friday with Saturday and Sunday off. That is also 40 hours. I’m sure this schedule is inconvienant for you…but many people would kill to have a job where they worked from home, regardless of the schedule.

    Yes, there is a time when you work 7 days straight. But there is also a time every 2 weeks when you are off on Saturday and Sunday, work on Monday and Tuesday, are off on Wednesday, work on Thursday and are off on Friday. In other words, you have 4 days off in 7 days. So this is a case where you have to take the bad with the good.

    I assume that your boss requires you to work this schedule, to provide coverage 7 days per week. Presumably another employee is working the same schedule, on alternate weeks. One suggestion would be for you to propose a schedule change to the employer. For example, one of you could always be off on Friday and Saturday, while the other could always be off on Sunday and Monday. This will work best if you can get your coworker on board before presenting the plan to your employer.

    Another option would be for you to volunteer to work Saturday and Sunday every week, with Monday and Tuesday off. I’m sure the employer has arranged this schedule because he or she assumes — perhaps incorrectly — that you would prefer to have at least some weekends off. HTH,and thanks for reading the blogs!~Amelia

18. Posted by: JIMMIE

    I work on a horse farm in Morriston, Florida. Is there a law about your boss paying you in a timely manner??? My job is 4 months behind in paying the employees. Is there a law that I can show my boss that he needs to pay a lot sooner and more often?

19. Posted by: Amelia

    Hi Jimmie! This is a big problem. Many states have laws that hourly employees must be paid on payday, or every two weeks. Unfortunately, Florida does not. Even worse, both the federal and state minimum wage laws exclude agricultural workers, including those who work on horse farms.

    We have two suggestions. Contact the Wage and Hour Division of the U.S. Department of Labor at http://www.dol.gov to see if they can help you in collecting your wages. And, post your question at http://www.laborlawtalk.com, our sister site. They may have more suggestions for you.

    You can also take the employer to small claims court, forcing him to pay the amount that he owes you. You don’t need a lawyer, and this may be the fastest way to get your money.

    Usually, an employer who is 4 months behind in paying workers is having severe financial problems. Be aware that if the employer goes bankrupt, or out of business, workers may not be paid at all. Since you may never get paid for the work you’ve done, it might be a better idea to quit, and spend that time looking for a different job.

    HTH, and thanks for reading the blogs!~ Amelia

    PS Please don’t post in all capital letters! It’s rude, like shouting, and we just have to retype your question.

20. Posted by: Jessica

    Hi,

    I know this post is old, but thought perhaps someone here could point me in the right direction.

    I am a teacher at a charter school in Orlando. At my school, teachers are required to work from 7:30 am to 4:45 pm every day except for Friday, when we are allowed to leave at 3:45. This is a 45.25-hour work week.

    Now, my question is this. We do not have any sort of lunch room staff due to a lack of funding, so the teachers (there are only 6 of us) are required to supervise lunch every day. We keep complaining that this is not a real lunch break (we are still “on duty”), but the administrators insist that we can “just sit down and eat lunch with the kids.” (This is basically impossible, considering we also have to serve lunch to the children, give permission for bathroom breaks, and just generally keep order in the insane lunch room.)

    Is it legal for them to make us go 9 hours and 15 minutes each day with no lunch break? I usually end up having to use my planning period to eat my lunch–time in which I am expected to be working. This is the only time we teachers have during our school day to get any kind of grading/paperwork done, and half the time we’re expected to attend various meetings during our planning.

    We have asked the principal what he plans to do about this problem, but his only answer was to say, “You’re right, this is a serious issue. Why don’t you write up a proposal detailing how the teachers could get a lunch break, and then e-mail it to me?” I thought that was his job, not mine!

21. Posted by: Amelia

    Hi Jessica! This is a situation faced by many teachers every year. Unfortunately, there is no quick or easy solution. Yes, it is legal for the school district to require teachers to work 9 hours and 15 minutes without a formal meal break. Neither Florida nor federal law requires any meal or rest breaks for teachers. The school is being generous by permitting teachers to a) eat with the children or b) eat during their planning time. They could actually require you to work 19.5 hours per day with no break whatsoever, and it would still be legal.

    Let’s walk through this problem. How would you suggest that it be solved? The school could hire lunchroom staff, and simply pay teachers less, to compensate.

    Two teachers each day could take a lunch while the other 4 teachers supervised the children. That would give each teacher a lunch break one day out of three. Would that provide enough supervision for the students to be safe?

    The teachers could take a 60 minute lunch break instead of the planning hour, and then work an hour later each evening, at the same salary. Would you and your coworkers be willing to do that?

    Your principal strikes me as a very, very wise man and an excellent manager. He was letting you know diplomatically that this is a problem without a solution. He was also gently telling you that as an adult, you are expected to be a problem-solver at work, not just a diva who makes demands and expects others to fulfil your wishes.

    Every job has its pluses and minuses. Teachers often work long hours for modest pay with few breaks. The pluses in the profession are usually called June, July and August. Some teachers in this situation would decide to look for another job (next year) at a larger school, with lunchroom staff. Others might choose a different profession. And some will decide that the rewards of teaching are still greater than the drawbacks. You are the only one who can make that decision.

    You can also post your question on our sister site at http://www.laborlawtalk.com. They may have a different perspective on the situation. HTH, and thanks for reading the blogs!~ Amelia

22. Posted by: Jessica

    Well, this has truly opened my eyes. I didn’t realize that wanting a 30-minute break to eat my lunch every day would qualify me as a “diva who makes demands and expects others to fulfill [my] wishes,” especially given that a lunch break is a legal requirement in most other states, and something most Florida employers grant their employees even though it is not a requirement here. I’m sure you yourself enjoy a nice daily lunch break in your line of work, yet here you are, telling me I should appreciate the fact that I have the opportunity to eat at all? Give me a break.

    I must say that I don’t much care for the tone of subtle condescending in your response. I have *never* complained about my pay, despite the fact that I make less than a public school teacher in a state that already pays teachers below the national average. I understand that being a teacher means accepting low pay and putting in extra hours. I spend over 55 hours a week at my school, working my butt off so that the children can receive a quality education at a time when budget cuts are so extreme that we don’t even have some of the basic necessities (such as teacher’s editions for our textbooks or a school library). What I did not realize is that I would be considered ungrateful for wanting to have a brief moment of peace in the midst of my 11+ hour day.

    All I wanted to know was whether or not my lack of a lunch break was legal. A simple “yes” would have sufficed–there was no need to imply that I’m some immature, self-centered “diva” for wishing to have just 30 minutes out of my long day where I can relax, eat lunch, and not have to deal with loud, screaming children.

    The complete lack of respect we have for teachers in this country both saddens and disturbs me. Perhaps this is why so many talented people have chosen to leave the profession in pursuit of fields that actually value their time and effort. Even taking into consideration the 2 months off in the summer, the corporate world is like a vacation compared to teaching (I say this from 5 years of experience in the former and 3 in the latter). You can bet I won’t be returning to the teaching profession in the 2008-2009 school year.

23. Posted by: Jessica

    On a related note, I realize that my initial post may have led you to believe that we have not taken our principal up on his challenge. Rest assured that we have, indeed, several times, drawn up proposals outlining ways in which we could achieve a lunch break. However, he has rejected every single idea we have put forth, including some of the very same ideas you have listed above. He is not delegating this task to us because he is trying to encourage initiative and problem-solving skills–he is doing so to absolve himself from responsibility for, as you have put it “a problem without a solution.” Maybe you consider that sort of thing to be good, diplomatic business practice, but I consider it to be evasive and dishonest.

24. Posted by: Wendy

    I’m hoping someone will have an answer to this question. I am in PA and my employer is unsure if the time when our office manager leaves and picks up lunch should be compensated.

    Typically, she is picking up meals for a portion or the entire office. How is that handled?

25. Posted by: Amelia

    Hi Wendy! That will depend upon who is paying for lunch. If it is a company sponsored event paid for by the boss, then picking up the food may be part of the office manager’s duties. If it is just one or a few employees buying their own lunch, then the office manager is probably not entitled to compensation.

    Suppose the office manager’s name is Mary. On Tuesday, Mary decides to order a sandwich from a local deli for lunch. On Wednesday, you and Mary both order sandwiches from that deli. On Thursday, the biweekly staff meeting is held. The boss decides to buy lunch from the deli for all the employees, to be served at the meeting. On all 3 days, Mary picks up the food from the deli. Mary would be entitled to compensation for her time on Thursday, because she is performing a work-related errand on behalf of the company. She would be paid for this, just as if she were picking up office supplies or running another company errand. However, on Tuesday and Wednesday, Mary is simply using part of her lunch hour to pick up food. She is not entitled to compensation.

    Mary probably thinks that she is performing a public service by fetching lunch for all the other employees. But, meal delivery is not a service that employers usually provide to workers. So the employer is not obligated to pay Mary for this time. (Some employees might choose to pay Mary for the time, reasoning that having a staff member pick up lunch increases employee morale. But there is no legal obligation for them to do so.)

    The other options would be for staff members to take turns picking up lunch, or for them to bring lunch from home or order from a place that delivers. For a more complete answer, post the question on our sister site at http://www.humanresourceblog.com. HTH, and thanks for reading the blogs!~ Amelia

26. Posted by: chris harper

    My employer takes out a thirty minute break on all employees regardless if they get that break, and most of the time they do not. Is this legal?

27. Posted by: Amelia

    Hi Chris! No, this is not legal. Under both federal and Florida law, an employer must pay employees for all hours worked. An employer can set a company policy that workers will take a 30 minute meal break each day. The employer can even discipline or terminate an employee who does not take a break. But the employer must pay the employee, if they work during that time. For a more complete answer, post your question on our sister site at http://www.laborlawtalk.com. HTH,and thanks for reading the blogs!~Amelia

28. Posted by: Irene

    My husband works part time for a supermarket chain. The new store manager has stated that if you work over four hours, you must take an unpaid lunch, and not receive any break period.
    Anyone working a full 8 hour shift, only gets the unpaid lunch break and one paid break.
    If you are scheduled only four hours, you get a paid break.
    So, if he works 4 1/2 or five hours, he really gets paid for 4 or 4 1/2 hours, but no paid break.
    Previously, anyone working 4 hours got a 15 minute paid break.
    Seems strange to be scheduled to work an hour longer than the four hour person, but only get paid for 1/2 hour longer, and get no break either.

29. Posted by: Amelia

    Hi Irene! We can understand your husband’s dilemma. It’s always disconcerting when an employer changes policies.

    However, many, if not most, employers work this way. From the employer’s point of view, an employee who is scheduled to work from 8 am to 12:30 pm is scheduled to work 4 hours, with a half-hour unpaid break.

    Since Florida has no lunch or break laws, employees could be required to work straight through, without any meal or rest break. So the manager is to be commended for trying to do the right thing.

    Looking at our mail, about 66% of Florida employees receive no meal breakm, and want one. And about 33% of our letters come from Florida employees who receive a meal break, and do not want one. So there seems to be no happy medium. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

30. Posted by: coolcash

    Hello I hope you can help me out. Ok I work for a junk yard. I deliver parts all day. I start at 8 am and finish at 5 PM but most of the time 6:30 PM. Ok so I really don’t get time to rest or eat lunch. I catch myself taking quick naps on the road sometimes but if I stop I’ll fall behind and then all my stops won’t get done. I would love to quit but there’s no work out there and if I go to them with this I will be replaced. Ok, so all the workers get a 30 minute lunch. I don’t take a lunch but they still take it out of my check every week, why is that? So do they have to pay me back? If they don’t cant’ I take them to court? Thanks for your time.

31. Posted by: Amelia

    Hi Coolcash! Please tell us that you don’t mean you fall asleep while driving! Not to be mean, but if you can’t stay awake from 8 am to 6:30 pm, what on earth are you doing with your nights? Nevermind, we don’t want to know! Just please for your own safety, do something about this. (Many employers would fire an employee caught sleeping on the job, even if he was safely pulled to the side of the road.)

    The employer should pay you for the 30 minutes if you don’t take a break. However, the employer can require that you take a break, and discipline you or even fire you if you don’t.

    If the employer knew you weren’t taking breaks, and kept deducting them from your paycheck, that would be illegal. However, employers aren’t psychic. If you didn’t tell them you were working through breaks, how can they know?

    Our recommendations: Get some sleep at night! And take the required half-hour break. You will find that you are more productive when you are rested and refreshed from a break. For a more detailed answer, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

32. Posted by: Kim

    I have been very sick this year and have missed a lot of work. I was wondering if I could get fired even though I do have doctors notes. I am in Florida.

33. Posted by: Amelia

    Hi Kim! Yes, an employer can fire you for missing too much time, even if you have a doctor’s note for every absence. The bottom line is that the employer needs someone doing that job, and if you miss too much work, the job is not being done. They have to replace you with someone who can do the job.
    Under federal law, there is an exception if you have a serious health condition. The federal FMLA or family and medical leave act permits employees to take up to 12 weeks of unpaid leave when they have a serious heatlh condition. Colds and flu do not qualify as a serious health condition. Cancer, heart attacks and strokes do. In some cases, employees with a chronic condition like depression or migraines, have a serious health condition. Pregnancy is always a serious health condition. For more answers, post your question on our sister site at http://www.laborlawtalk.com or check the archives at http://www.humanresourseblog.com for FMLA. HTH, and thanks for reading the blogs!~ Caitlin

34. Posted by: Sandy

    I work for a company in Florida that only employs independent contractors (1099s). We were recently told that we are required by state law to take a 30 minute break if we work 5.5 hours to 10 hours; and two 30 minute breaks if we work 10.5 hours to 16 hours. Is this correct for the state of Florida? Please help us out or direct me to where can I find more information since the department of labor website wasn’t much help.

35. Posted by: Amelia

    Hi Sandy! Florida does not have any law that requires meal or rest breaks for employees. Here is a U.S. Department of Labor link that shows all the states that require meal breaks by law. Florida is not on the list: http://www.dol.gov/esa/whd/state/meal.htm (There are 30 U.S. states like Florida that have no break law.)

    There is no state that requires breaks for independent contractors. Independent contractors work for themselves, and usually can take a break any time they like. It would be interesting to know what type of job this is, where it is appropriate for the employer to establish break times and still consider the workers independent contractors.

    There is no Florida law that requires breaks for employees in general industry, so the employer is incorrect in that information.

    Having said all that, these break policies sound very reasonable to us. If you scroll up, you will see questions from many Florida employees who must owrk 10, 12 or 16 hours per day with no break. You can also post your questions on our sister site at http://www.laborlawtalk.com, for a more complete answer. HTH, and thanks for your comments!~ Amelia

36. Posted by: JC Perren

    I have a question. An hourly worker Florida works 4 ten-hour days. He has two 20-minute breas during the day and a 30-minute lunch. What would happen if the worker does not take the 30-minute lunch? Or only takes a 20-minute lunch? Can that bring up any type of issues if it is okay with the manager?
    Thanks
    JC

37. Posted by: Amelia

    Hi J.C.! Yes, there are several issues here. You don’t say whether the current breaks are paid or unpaid. We will assume that the two 20-minute breaks are paid, while the 30-minute lunch break is unpaid.
    There is no Florida law that employees must be given any break, ever. So if the employee skips his breaks, he is not violating any law. However, both Florida and federal law require that employees be paid for all the time they work. So if the employee skips his 30-minute daily lunch break and works the same hours, he is entitled to 2.5 hours of overtim each week.
    The employee probably wants to do this so he can leave work early each day. Many, many employers would not permit this, and there is no law that they must.
    If the employee takes a break shorter than 20 minutes, under federal law, it must be paid. So it would actually end up costing the employer money if the employee took a shorter break. HTH, and thanks for reading the blogs!~ Amelia

38. Posted by: JC

    Thank you for your answer. I need to clarify. We give our employees 2 paid 20 minute breaks per day. My question is if they take only a 20 minute or less lunch do we have to pay for that since they have not taken a full 30 minutes?

39. Posted by: Amelia

    Hi JC! Yes, probably so. Under the federal FLSA, or Fair Labor Standards Act, employees must be paid for any meal break that is less than 20 minutes — even 19.5 minutes. Meal breaks of more than 20 minutes can be unpaid. As you will notice, this leaves a grey area regarding a break that is exactly 20 minutes long. However, to be on the safe side, most employers pay workers for 20-minute breaks (as you are already doing.) You could give the employee an unpaid 21-minute meal break if you wanted to. HTH, and thanks for reading the blogs!~Amelia

40. Posted by: JK

    Hi,
    I have read all the comments about Florida and Federal laws regarding breaks and lunches. I did not see anything about my particular issue:
    My employer requires us to be at the job for 8.5 hrs. each day. They allow us to take either 1-30 minute break or 2-15 minute breaks. This is our choice. If we take the 2-15 minute breaks then do we fall under the guidelines that we must be paid during this time, since we are paid for 8.0 hrs. each day? And if so, can we expect to only have to be on the job for only 8.0 hrs?

41. Posted by: Amelia

    Hi J.K.! If the employer is covered by federal law, then the two 15-minute breaks must be paid, while the 30-minute break can be unpaid. Companies with more than $500,000 in revenue annually, or who do business across state lines, are covered under federal law. On the other hand, there is no limit to the number of hours that the employer can require you to work. You can be told to work 8, 8.5, 9, 12 or 16 hours per day — or any other amount that the employer chooses. HTH, and thanks for reading the blogs!~ Amelia

42. Posted by: JK

    Hi Amelia,
    Thank you for the quick response! I appreciate the information, however I am not sure I explained it correctly. We must clock in and wait for 8.5 hrs. to pass before we can clock out and leave for the day. We are paid for only 8.0 hrs. We are given the choice of taking our allowed 30 min. of break time either all at once or as 2-15 min. breaks. Most of us take 2-15 min breaks and only a small minority takes 1-30 min. break. So, in the event that the majority of us take 2-15 min. breaks, is our employer, who does, by the way, have over $500,00 in revenue annually and does do business across state and national borders, have to pay us for the 2-15 min. breaks, and in that circumstance would they be required to pay us for the entire 8.5 hrs. that we are officially “on the clock”? Or, since we have the choice of 1 or 2 breaks would they be able to argue that they don’t have to pay us since we are given the choice?
    Thank you,

43. Posted by: VL

    Can an employer ‘make’ an employee stay past a 12 hour shift? I work a 10 hour shift 4 days per week…if a midnight employee calls out for their shift the manager of the unit tells employees that ‘they must stay and work for the called in employees shift’. I live and work in the State of Florida as a civilian employee of a law enforcement agency. I thought an employee could only work 12 per day and then needed a rest period, ie: can not be ‘made’ to work more than 12 hours per day, if they are not law enforcement or fire personel.

44. Posted by: Amelia

    Hi again, J.K.! Yes, the employer must pay you for the entire 8.5 hours, if you take two 15-minute breaks. Any employee who takes one 30-minute break need not be paid for that time. It doesn’t make any difference that the employer is offering you a choice. You can file a complaint about this issue with the Wage and Hour Division of the U.S. Department of Labor at dol.gov. As soon as you do, the employer will probably eliminate the choice, and require every employee to take a 30-minute break. HTH, and thanks for reading the blogs!~ Amelia

45. Posted by: Amelia

    Hi VL! Yes, the employer can require a worker to work more than 12 hours. As far as we know, there is no state where the maximum shift length is limited for employees in general industry. HTH, and thanks for reading the blogs!~ Amelia

46. Posted by: jc

    Question ! ! for you Amelia
    Why an employer will ask the Employees to clock out for the two paid breaks 15 min and 10 MIN) during 10 hrs day, and ask them not to clock out for 30 min Lunch not paid
    as standard ( florida)
    I know a case here in FL

47. Posted by: Amelia

    Hi jc! That’s a tough question — a little like asking us to guess why your wife buys red shoes instead of black ones! But we’ll give it a try! Usually employers ask employees to use the time clock when productivity is a problem. In this case, we are going to guess that there may be an issue with employees taking more than the two approved breaks, or taking longer breaks than the approved 10 and 15 minutes. The employer can control this by requiring employees to clock in and out. If Pete is outside smoking or goofing off, and he is on the clock, he can be reprimanded or fired. The employer can demonstrate that Pete is not on his approved break, because he is on the clock.
    It would be more usual for the employer to have employees clock out for all meal and rest breaks, or for none of them. However, we are going to guess that in this situation, (for some reason) the 30-minute meal break is not a problem. Employees go on the meal break and return to work promptly. (For example, in a factory environment where everyone goes on meal break at the same time.) So the employer has focused only on the breaks that are interferring with productivity.
    Federal law requires that employees be paid for breaks that are less than 20 minutes. The 30-minute meal break can be unpaid. As long as the employer is following the law regarding payment, they can set whatever rules they like about clocking in and out for breaks. HTH, and thanks for reading the blogs!~ Amelia

48. Posted by: Rob

    Hi, not that quick of a question. My company i work for is employed by a retail store for security. Its a rotating schedule every week for different days off each week, one weekend a month. I recently suffered a back injury off the job, and had to take for right now a day off. My boss told me that to make up for it, im to work my next day off which is this thursday. Essentially, that makes my work schedule working sunday-next monday, 9 days straight. Our pay week ends on thursday, begins on friday, so its looking like 40 hrs first week, 32 next week. I was curious if even though the numbers arent wrong, is it still considered legal to do?

49. Posted by: Amelia

    Hi Rob! This is legal. From your discription, you are working 9 days straight, but they are divided into 2 payroll weeks. Overtime is calculated by the time actually worked during the payroll week. So if you are working 40 hours this week and 32 hours next week, that is the pay you are entitled to. (If you were working 48 hours this week, and the employer wanted to “carry over” 8 hours until next week, that would be illegal.)
    There is no Florida law that protects employees from working 7 days per week. A few states do have laws that employees must have at least one day off each payroll week — but it appears that you do, in any case.
    If you are entitled to FMLA, you could complete the required paperwork and use one day of FMLA. The federal FMLA applies only to employers with 50 or more workers within 75 miles. HTH, and thanks for reading the blogs!~ Amelia

50. Posted by: lekeicha

    I have a big question…my employer is now cutting hours to save on pay role…they are lowering hours a day to 6 hours and mandating that we take a 30 minute lunch break making our total time for that day paid 5.5 hours…is this legal…are we required to take a lunch break at such low hours?

51. Posted by: Amelia

    Hi lekeicha! Many employers are taking the step of reducing hours for all employees, instead of laying some employees off in this troubled economy. There is no Florida law that requires employers to give meal breaks to workers (at all, ever.) However, the employer can set whatever meal break policies they like. An employee who does not comply with the policy can be disciplined or terminated. So the employer could schedule you for a 2-hour shift with a half-hour meal break, if he or she wanted to, in Florida. HTH, and thanks for reading the blogs!~ Amelia

52. Posted by: Paul

    I have a question related to “small” businesses in Florida. I work in a cafe which originally scheduled us for 4 ten hour days a week, which was fine for just about everyone. They then said everyone must take a 30 minute unpaid lunch and two 15 minute unpaid breaks, so we switched to 5 nine hour days, but only get paid for eight hours, or less as they often try to send people home early. We don’t clock in and out for the breaks, they simply take off an hour every day. Is this legal? Furthermore, if not, is there anything an employee can do in this state to correct the matter without losing his/her job?

53. Posted by: Amelia

    Hi Paul! Under federal law, employees must be paid for any breaks that are shorter than 20 minutes.
    Under both the federal and Florida minimum wage laws, employees must be paid for all the time they work. So if employees are not actually taking their 30-minute meal breaks, they must be paid for that time. The employer can discipline or terminate an employee for not taking their breaks, but must pay the employee for the time worked.
    In many states these laws would be enforced by the state Department of Labor. Unfortunately, Florida does not have an enforcement branch of the Agency for Workforce Development. Very simply put, employees in Florida get a raw deal. You can certainly contact the Agency for Workforce Development, but there may be little help.
    If the cafe has $500,000 in revenue per year, or engages in interstate commerce (such as accepting credit cards) then the federal Department of Labor may be able to help. Contact then at http://www.dol.gov. It is illegal for an employer to fire a worker when the worker reports illegal conduct. HTH, and thanks for reading the blogs!~ Amelia

54. Posted by: Paul

    Thanks for the information Amelia.

55. Posted by: Amelia

    You are very welcome, Paul! ~ Amelia

56. Posted by: Ashley

    5 years ago I was hired, we recieved two 15 minute breaks and a 30 minute lunch in a 12 hour shift. Now they want us to go to nothing but a 30 minute lunch in a 12 hour shift. Is this legal? Is there a way around it?

57. Posted by: Amelia

    Hi Ashley! Yes, this is legal. in fact, if the Florida employer chose, they could require employees to work a 12 hour shift with no break at all. Under OSHA regulations, employees must be permitted to use the rest room when nature calls and to drink water at their work station in hot weather. HTH, and thanks for reading the blogs!~ Caitlin

58. Posted by: Thomas

    Hello Amelia,

    I am now 20 years old and am considered an adult employee–not a minor. (I am a college student, though, and am considered a dependent student–I don’t know if this matters or not). As such, according to many of your previous responses, I have gathered that there are no laws in the state of Florida that regulate employers’ issuances of meals or breaks to their employees.

    Now, as a 20 year old employee, I work at a retail market chain, and this retail market chain requires employees (minor or adult) who work over four hours to take an unpaid 30 minute lunch break, and not receive any additional paid break period. Any employee who works a full 8 hour shift, only gets the unpaid lunch break and one paid break–not two paid breaks.

    Unfortunately, I am a part time employee, and I usually only get scheduled for two 5.5 hour shifts (including the 30 minute meal deduction) a week. This means that I only get 11 hours of pay per week, but I am looking into the option of taking one payed 15 minute payed break per 5.5 hour shift instead of the 30 minute unpaid break. This would increase my hours from being 11 per week to being 12 hours per week (and even more so if I am fortunate enough to get more than two 5.5 hour shifts per week). Basically, it would increase each of my shifts by one hour.

    My question is, since I am an adult part time employee (who doesn’t work 8 hour shifts or 40 hours a week), shouldn’t I have the right to choose whether I take the 15 minute payed break, the 30 minute unpaid meal break, or even the choice not to take a break at all? Additionally, if I do not have the right to make that choice as an employee, is it legal for my employer to force me to take the 30 minute unpaid meal break instead of the 15 minute payed break. Now don’t get me wrong, I am thankful that my employer is providing me with a break one way or the other. I just want to know if I can somehow better my situation (in as much as every hour counts at this already low wage rate–especially since I am a college student).

    Now, according to all of the responses that I have read on this blog, I have noticed that you tend to answer the questions with the mind set that the employee is not required to provide any breaks and has the legal right to create specific break policies that the employees must follow. Essentially, I am requesting that you please answer my question from the employees’ perspective instead of the employers’ perspective. So, in regards to my question, what are my rights as an employee? Do I have rights at all (to choose my type of break or choose not to take a break at all)? And if I do have those rights, how can I most effectively utilize those rights and make them aware to my employer or immediate superior so that I do not lose my job.

    P.S.
    I am assuming that since Florida is a right to work state, I have no real rights as an employee (except those dictated by federal law). As such, I am also assuming that I can be fired at any time for any reason–no matter what I do (or don’t do) in this situation. I would like to know if these assumptions are correct, or if they are incorrect.

    Thanks.

    Sincerely Yours,
    Thomas M. Myers

    God Bless!

59. Posted by: Amelia

    Hi Thomas! Whew, that “question” covers a lot of territory! The last part of your post is interesting, because employers accuse us of taking the employee’s side, and employees accuse us of taking the employer’s side. In fact, we try to give accurate information on employee rights and employment laws, and let the chips fall where they may.

    Your basic assumption — that you have the right to dictate company policy or working conditions to the employer — is flawed. That’s just not how the labor marketplace is organized,at least in the U.S. The employer makes up the rules in the workplace, and the employee votes with his or her feet — by accepting the job, or not accepting the job.

    Employers tend to create one set of policies that apply equally to all employees, to prevent claims of illegal discrimination. Many times those policies are based on the realities of staying in business.

    You work at a retail market where you are scheduled for 6 hours, and take a required 30-minute unpaid break. You work 5.5 hours and are paid for 5.5 hours. You feel that you should be able to take a 15-minute paid break instead, and work 5.75 hours while being paid for 6 hours.

    That extra 15 minutes per day doesn’t sound like a lot, but if the employer does this for you, they have to provide paid 15-minute breaks for every employee. Suppose the employer has 20 workers at your store, and 100 stores nationwide. That’s .25 hours x 5 days per week x 20 workers x 100 stores x 52 weeks = 130,000 hours per year of excess payroll. At the minimum wage of $6.55 per hour that’s $851,500 in excess payroll per year. If you add in overtime and employees earning higher wages, you are literally asking the employer to make a change that will cost them $1 million per year. Even if the chain you work for has less than 100 stores, it’s a lot of money. In some cases, it is the difference between the employer staying in business or going bankrupt.

    The essence of good business management is controlling expenses, and your employer would be doing a very poor job of it if they agreed to your plan.

    Most states permit employees to waive the required breaks if the employer agrees. But they never require the employer to agree — and now you see why.

    The basic problem here is that you would like to earn more money then you do now. The solution is for you to work additional hours, or to develop your skills so that you are worth more per hour. Many companies give merit raises, so simply working harder than the other employees can mean you will be given a bigger raise when the time comes. You could also propose to the employer that you work 6 hours per day with no break and be paid 6 hours per day — that at least would be fair to both of you. But there is no real reason why the employer would take you up on this offer.

    You have few protections under the law because you live in Florida, which has many fewer employment laws that states such as Illinois, Massachusetts or California. However, even those states don’t require that the employer let the employee dictate the break policy.

    It is a very common misconception, but you are using “right to work” improperly. All “right to work” means is that an employee cannot be forced to join a union if he or she doesn’t want to. Unions often provide better working conditions than employees can negotiate themselves. The doctrine you mean is “employment at will” which is that any employer can fire any worker at any time, with or without notice, for any reason or without any reason. (There are certain legal limits set by the federal government.) “Employment at will” works both ways. It also means that any employee can quit any job at any time, with or without notice, for any reason or without reason. (And there are virtually no limits on this right.)

    You are correct that employment at will applies in this case. If you suddenly started taking an unauthorized 15-minute paid break every day, the employer could fire you for it. Or, if you found a job where you were paid a higher rate, or received paid breaks, you could quit. However, if the employer is breaking the law, or you file a legitimate complaint of discrimination (which does not apply in this case) you cannot be terminated for it.

    If you genuinely feel that these laws are wrong, you can contact your Florida or U.S. member in Congress to have them changed. HTH, and feel free to ask any additional questions that you may have!~ Amelia

60. Posted by: Pat W

    my boss doesn’t have a set policy for meal breaks i.e handbook,etc. but he always seems to deduct my meal form my pay even if i don’t take one. the bookkeeper says that they are required to give me a meal break every day, by law, or they’ll get in trouble. i read thats not true via this site. i don’t want to rock the boat but thats 2,5 hrs a week sometimes. another question is- i am a plumber and am “on-call” all the time,the boss says that i do not get paid for traval time to customers homes after hours or weekends that i’m on-call. he says that my time starts when i get there (to customers homes) even though i’m using the company truck , gas , and insurance. am i offically under company time once i get into that truck and pull out of my driveway? when by law does he have to pay me from. i thought it was door to door , from leaving my driveway to pulling back in. thank you ,Pat W

61. Posted by: Amelia

    Hi Pat! You are right — there is no Florida law that the employer must give you a meal break each day. However, the federal and state minimum wage laws require that employees be paid for all the time you work. If you work through your break, you are entitled to payment for that time.
    Employment policies, including break policies, need not be in writing. Our guess is that if you bring this up to the employer, he will say that it is his policy that you take a 30-minute unpaid meal break each day. If you do not, the employer has the right to discipline or terminate you — but you must be paid for the time you worked.
    The solution here is fairly straight forward — take a 30-minute meal break each day.
    There is no requirement that the employer pay you for travel within the business’s normal commuting distance, even if you are driving the company truck. If an evening call was 150 miles away, then the employer would have to pay you for the drive. But if it is 20 miles away, under federal law you need not be paid for that travel time. In most cases, this is true, even if you are driving a company truck. Regulations regarding travel time are complex, so we suggest that you contact the U.S. Department of Labor if you have additional doubts about your situation. HTH, and thanks for reading the blogs!~ Amelia

62. Posted by: Pat W

    thank you for the info.i’ll contact USDL for clairifacation on normal commuting distance to find out if that means to the office or to the customers home, or within the counties the company does business in. i really don’t think it fair that i have to “stand-by” and not be able to do to much of anything in way of going shopping , to the beach , etc and only get paid 15mins for a plumbing call that uses 1.5 hrs or more of my time round trip. Thank You Again, Pat W

63. Posted by: Amelia

    Hi Pat! You’re right…that doesn’t sound fair. Glad we could help!~ Amelia

64. Posted by: debra stevenson

    i understand of the meals or breaks not getting paid but isnt an employer are suppose to give u a lunch break after 4 hours or any at all

65. Posted by: Amelia

    Hi debra! Unfortunately, no. Nineteen US states have laws requiring employers to give meal breaks to workers. Florida does not. The Florida employer can (and in our experience, frequently does) require an employee to work 8 or more hours without a meal break. HTH, and thanks for reading the blogs!~ Amelia

66. Posted by: debra stevenson

    ok i work at a job that we have no lunch or breaks at all dont matter how long we work in a day

67. Posted by: Amelia

    Hi again debra! Yes, sadly this is legal in 31 states including Florida. We will note that if our mail is any indication, there are more employers who refuse to give meal breaks in Florida than in any other state. HTH, and thanks for reading the blogs!~ Amelia

68. Posted by: J

    I have heard that it is illegal to make an employee work more than 16hours continuously in a 24 hour period. I can not find the actual law anywhere though and was wondering if this is true. This is in Florida if that makes a difference. Thanks

69. Posted by: Amelia

    Hi J! It makes a big difference. Every state in the US has its own employment laws, and they vary a lot. Under a unique provision of the Florida overtime law, an employee who performs manual labor in Florida cannot be compelled to work more than 10 hours in the day without additional compensation. So an employee who performs manual labor like digging ditches in Florida must be paid overtime after 10 hours, unless there is a written agreement in place that states otherwise.
    However, that is the only limitation on work hours in Florida. As in most other states, the employer can require that an employee work any number of hours in the day or week as long as the employer pays overtime under the applicable laws. There is also no federal law that limits the number of hours an employee can be required to work.
    Obviously, if there is a union contract in place, that agreement takes precedence. HTH, and thanks for reading the blogs!~ Amelia

70. Posted by: Mr. Bill

    Yes, I have been reading all these questions from all these people who have legitimate questions. I have read all of your responses. I find it interesting that when you seem to not know the answer to a question you refer them to another web site. For a state that seems to give their employees no rights, you expect them to bow at your feet, kiss your behind and make them feel lucky to have a job. As bad as the economics here in Florida are really bad, the employee has no rights. I really have one question,For a state that has no laws on the books for lunch breaks or meal breaks, you allow these same companies cry that they are not getting an honest days work. Why should they? they don’t pay an honest days pay. The people of Florida needs to gather together and put these so called politicians out on their buts. and get people in Tallahassee. that cares for the rights of the people.

71. Posted by: Amelia

    Hi Mr. Bill
    Wow, that’s really rude — and unnecessary.
    Sorry, but you seem to have us confused with the Florida Department of Labor, also called the Agency for Workforce Innovation. We have nothing to do with them. We simply provide accurate information on labor laws as a free service. We are not supported by tax dollars or public funds. And you are right — from time to time we refer questions to another site, usually one where we also provide accurate information on labor laws as a free service. Sometimes we refer questions to a federal or state government site where they can get more help. So sorry if that offends you.
    If you disagree with the labor laws in Florida, then as a voter you can change them. We suggest that you contact your representative in the Florida legislature to pass such laws. But if you want respect, perhaps you should start the conversation by being respectful. ~ Amelia

72. Posted by: crystal

    Message Hello, at my husbands work they are docking his pay 15 minutes if you clock in even one minute late is this legal. As far as I know they do not have an employee hand book and this in Florida. Thank you Crystal

73. Posted by: Amelia

    Hi crystal! That depends. If the employer is genuinely reducing the employees hours worked by 15 minutes as a disciplinary action, without the employee’s permission, that would be unlawful. However, the employer can discipline or terminate any employee who is late — even by one minute. So the solution here is for your husband to be on time. HTH, and thanks for reading the blogs!~ Amelia

74. Posted by: Bill

    Amelia
    I read your colum alot, and I notice that when ever a question comes up that you seem not to want to answer you send them elsewhere. If you are going to run this thing then you should answer ALL queations to the best of your ability. If you can not answer it say so.

    Thank You Deli844

75. Posted by: Amelia

    Hi Bill! Thanks for reading! We do refer a number of questions to other sites or government agencies, and we’re not ashamed of that. Many times there are just too many variables that we don’t know. A reader might ask if they are entitled to a meal break, but not mention which state they are in, whether they work for a private business or a local government, whether they are over the age of 16, whether they are a union member, what industry they are in, what hours they work, whether they are disabled, etc.etc.
    As a free site on the internet, not supported by tax dollars, there is a limit to the services that we can offer.
    Our main purpose on this site is to provide updates on current events and changes in the labor law world, to employees and HR professionals. Our sister site at http://www.laborlawtalk.com was created to answer HR questions from employees.
    Rather than give advice based on insufficient information, we often refer readers to the agency that can get all the information, answer their questions and even provide enforcement if necessary. In some cases, knowing where to go for precise, personalized answers is more valuable to our readers. HTH, and thanks for reading the blogs!~ Amelia

76. Posted by: tammy

    I am a client relations and business development employee of a small company with 60 employees. I am paid a set salary and i am told that my job classification is i am an hourly employee with exempt status, that I am not considered a salaried employee. I travel every other week all through out the United States by plane for 3 or 4 nights. In the 5 day work week if I am not out of town I am required to go to the office 9 to 6 pm. My company states I am hourly and I am required to complete a time sheet every two weeks, and to only put 8 hours worked each day with the date, not the time I actually worked. So, my question is this, can they classify me as hourly? the reason for the question is they want to dock my pay if i take a half day off but do not want to pay me overtime for traveling while i am on business trips.

77. Posted by: Amelia

    Hi tammy! Under the federal FLSA or Fair Labor Standards Act, there is no such thing as “an hourly employee with exempt status.” In order to be exempt, an employee must be paid by salary. Any employee who is paid hourly is not exempt. Because you travel across state lines, you are certainly covered by federal law. Print out the info below and show it to your employer. If they continue to dock your pay when you miss half a day, file an overtime claim with the U.S. Department of Labor at http://www.dol.gov. They will investigate and require the employer to pay overtime for the past 3 years. (And if you have the opportunity, tell the boss we suggest they hire an HR professional. They need it.) HTH, and thanks for reading the blogs!~Amelia

    http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.htm
    http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17g_salary.htm

78. Posted by: jaime

    this part of the law (((((When it comes to sleeping time, employees required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be deducted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep))))) >>>>> MY ??? I been looking for information, if I get out from work at 9pm and I have to start at 5 am a new shift, only 8 hour, I talk to my employees, by the time I get out and travel to my house eat take a bath,and go to sleep, take like 2 hours, and wake up 1 hour before 5am, only give me 5 hours of sleep.

79. Posted by: Amelia

    Hi jaime! The law you quote does not apply to you — it only applies to employees who are working 24-hour shifts and permitted to sleep at work, such as live-in home healthcare aids, who sleep at the employer’s residence. You are working a 16-hour shift.
    You are looking for a law that says “employers must allow workers at least 8 hours to sleep between shifts.” There is no such law, especially in Florida which offers few protections for workers. (Actually, in the few states that have such a law, it’s that there must be at least 8 hours between shifts — and your employer is already complying with that.)
    Shifts with short turn-arounds are very common in some industries, including hospitality, where an employee may get off at 11 pm and have to return at 7 am. This is completely lawful. You can certainly let your employer know you would prefer not to be scheduled this way, but it may come to a choice between working this schedule and having no job. So we will suggest a strategy that may help: you are allowing 3 hours to eat, bathe and get ready for work. You can probably get that down to 1 hour if you really try, which will leave you 7 hours to sleep. HTH, and thanks for reading the blogs!~ Amelia

80. Posted by: Pamela Trap

    Message: I worked in the medical field for many years as an administrator and manager. After leaving the work force to care for family and becoming ill with cancer myself, I return to work at [employer name deleted], an animal hospital in Florida. They knew of the recent illnesses and my MS and I explained the need to have breaks and was told ok. But as time went on I worked 8 hr shifts without a lunch break or bathroom break. When I asked about it I was told if I got caught I would be fired. Well I needed the job to pay bills, I stayed at the job and little by little took small nibbles and quick breaks to the bathroom. I did receive a raise after 5 months but then I was asked to leave a few months later. When asked when I could return I was told I don’t know. I applied for unemployment and the Dr. is appealing and rescheduling. Isn’t there a law protecting staff from verbal abuse and constant threats of losing their jobs, let alone not getting breaks for 8 hrs?

81. Posted by: Amelia

    Hi Pamela! Your comment raises a number of issues so let’s go through them one at a time, with the bad news first.

    There is no law in Florida or any other state protecting staff from verbal abuse or consistent threats of losing their jobs. This may be bad management, but it is lawful. The only exception would be, if employees were targeted for this type of behavior due to their race, color, sex, etc. (We will say that if the comments posted here are any indication, doctors are not known for their management skills or HR knowledge.)

    Nor is there any law in Florida that an employee must be given a meal break or rest breaks, ever. Nineteen US states do have such a law — but Florida is not one of them. However, OSHA worker safety regulations require that employees be permitted to use the restroom when nature calls. An employer cannot deprive you of bathroom breaks.

    The good news is that MS and cancer are disabilities under the ADA, the Americans with Disabilities Act. As an employee with MS, you need to become an expert on the ADA. (Go to http://www.eeoc.gov and read all the ADA articles on this site, as well as http://www.humanresourceblog.com — our sister site. And feel free to post additional questions here.) If you read Cara’s Oct. 7, 2009 blog on this site, you will see that the EEOC recently expanded the definition of disability under ADA, so that it includes MS and cancer, even when they are in remission.

    An employee with a disability is entitled to reasonable accommodations from the employer. In many cases, unpaid breaks at specific intervals would be a reasonable accommodation. If you worked in a hospital, for example, you might be entitled to a 30-minute unpaid lunch and two 15-minute unpaid rest breaks per day, as a reasonable accommodation for your disability. This is true, even if the employer normally does not give breaks to workers. Note that you must specifically request the accommodation of the employer — you cannot assume that they know what you need, simply because they know you have MS or have had cancer.

    However, the ADA applies only to employers with 15 or more workers. So many small private doctor’s or vet’s offices are not covered. In addition, an employer is not required to grant any accommodation that is “unreasonable” or an “undue hardship.” In a small office, if you were the only employee available to work the front desk and answer the phone, giving you a meal break might well be an undue hardship. The only way the employer could grant it would be to hire a second employee to work alongside you and handle the front desk while you were on break, and that is just not reasonable.

    (Be aware that when looking for a new job, you are not required to disclose your disability or medical history before being hired — and you should not. After you are hired, that is the time to mention that you have a disability and require accommodations.)

    None of this should affect your ability to collect unemployment. It appears that you are ready, willing and able to go back to work, but the employer either has no work for you or is not scheduling you. That would generally make you qualified for unemployment benefits.

    It sounds like the doctor will try to argue that you were discharged because your overall performance was poor. (Many employers see frequent breaks or eating on the job as poor work performance.) When an employee is fired for willful misconduct, the employee generally does not qualify for unemployment benefits. However, in your case, your performance was as good as it could possibly be, given your physical limitations of needing to eat and go to the bathroom. Generally when an employee’s performance is not good, but it is for reasons beyond the employee’s control, the employee qualifies for unemployment. That would seem to be the case here — and is probably why the employer keeps delaying his unemployment appeal.

    This is a complex situation, so if you have additional questions, feel free to ask. Meanwhile, focus your job search on companies with 15 or more workers, so you will be covered under ADA. HTH, and thanks for reading the blogs!~ Amelia

82. Posted by: Amanda

    I am currently a student below the age of 18 that is enrolled in a high school in Florida. The school that I attend has a lunch time limit of 25 minutes. We also only have 20 minutes to get our food until they close the lunch lines. Our school has a large amount of students enrolled in it. Many of the students are complaining that we do not have enough time to get our lunches and eat before we are forced out of the lunchroom to get back to class in a four minute time period. What are we able to do to change this?

83. Posted by: Amelia

    Hi Amanda! Kudos to you for wanting to work to change this problem. Unfortunately, there is no law concerning the length of the lunch period for high school students at school in Florida. (There is a law concerning the length of the lunch period at work when they are employed.) This is a matter of school district policy. But you can work to change that policy.

    The first thing you should do is get as many of your fellow students as possible to sign a petition requesting a longer lunch break. Then, you should send a tactful letter explaining the problem, and requesting that it be addressed either this school year or next school year. Send copies of the letter to your local school board, the superintendent of your school district, and the Florida Department of Education. A group of students may also attend the school board meeting, to bring up this problem.

    Be prepared to compromise. If the school has to make the lunch period longer, they cannot cut out class time, so they will have to make the school day end later. There may also be budget considerations. If the school spends more money to have teachers and lunchroom employees work a longer day, they may have to cut back on sports, art, music or other programs. But at least you can begin the discussion, by making your voice heard. That’s the way anything changes — from passing new laws to getting a more reasonable lunch period. HTH, and thanks for reading the blogs!~ Amelia

84. Posted by: B jones

    My girlfriend works for a company in Jacksonville Florida. They work 6 days a week 10.5 shifts. Now they are being told they have to work this Sunday in order to have the Sat after Christmas off. That will force her to work 11 days straight. Is this allowable?

85. Posted by: Amelia

    Hi B! Yes, this is completely legal in Florida as long as workers are paid overtime when they work more than 40 hours in the payroll week. There is no law in Florida or most states that limits the number of hours an employee can be required to work. HTH, and thanks for reading the blogs!~ Amelia

86. Posted by: May

    Hi

    I work in Florida and I am a stylist I get paid 50 Percent commission
    on my services as wage. I am a W2 employee

    My salon does not paid me when we have Mandatory meetings
    If I clock in it will work against my rate of production

    In the very near future we will have on a Sun late afternoon a
    mandatory cleaning time We will not get paid for this

    Is this legal where we have to attend mandatory meetings to clean or discuss
    issues and not get paid for this time

    Thanks for your time in answering my questions

87. Posted by: Amelia

    Hi May! Under both Florida and federal law, employees must be paid for mandatory meetings and mandatory cleaning time. However, when you are a commissioned employee, as long as your total pay divided by the number of hours worked =$7.25 per hour or more, (the minimum wage) this is legal.

    If you are averaging less than the minimum wage for the payroll week when all your hours are counted, then the employer must pay the difference. HTH, and thanks for reading the blogs!~ Amelia

88. Posted by: Cynthia Brown

    If a employee actually works a total of 80 hours worth of pay and is not paid for the total numbers of hours worked, is it illegal.

    Example: Salary employee is paid 46.64 hours and a hourly employee is paid 64.00 evn though they worked a full 80 hours. There has been no conversation regarding how this additional pay will be provided but has informed all staff that they can utilize their vacation time to adjust hours actually worked as long as it does not exceed their 80 hours. Please assist.

89. Posted by: Amelia

    Hi Cynthia! Sorry, but the way your question is phrased is a little confusing. We’ll try to help.

    Under both federal and Florida law, an hourly employee must be paid for all the time he or she works. An employee who works 80 hours must be paid for 80 hours. If the employee works more than 40 hours in a single payroll week, the employee must be paid overtime.

    A salaried employee can be either exempt or nonexempt. An exempt employee is never entitled to overtime, no matter how many hours he or she works in the payroll week. An exempt employee is entitled to his or her usual salary for the week, whether the employee worked 40 hours, 80 hours or 100 hours that week.

    We are not sure what the reference to vacation time means. The answer above applies only to time actually worked, not to vacation time used. For more info, post a question giving more details of the situation. HTH, and thanks for reading the blogs!~ Amelia

90. Posted by: Ruben

    Hello

    Im 19 and i just started to get familiar with all these laws. I work in retail, so my schedules and hours of work are like a rollercoaster. If i work more than 12 or 13 hrs in one day and get 1 hour break would i also be allowed to get a 15 to 20 minute break? If i work another day and only work 6 to 7.5 hrs and get 30minute lunch break can a 20 minute break also be allowed?

91. Posted by: Amelia

    Hi Ruben! In Florida, this is a matter of company policy rather than state or federal law. The short answer is: the employer can give you such breaks if they want to — it would certainly be legal for the employer to give such breaks. But there is no law that the employer must give an employee in Florida such breaks.

    As you know from reading the article above, there is no break law in Florida. If you are being given a one-hour break on a 12 hour shift and a 30-minute break on a 6 hour shift, the employer is doing more than they legally have to.

    OSHA worker safety standards require that employees be allowed to use the toilet when nature calls, but not that employees have additional breaks to smoke, make phone calls or whatever. If you have a disability like diabetes and need to eat at certain times, the employer may be required to accommodate that under ADA, the Americans with Disabilites Act. But otherwise, the employer’s break schedule seems very reasonable. HTH, and thanks for reading the blogs!~ Amelia

92. Posted by: Louis

    My employer wants me to attend a mandatory meeting at 9 PM without pay on my day off.Could they do this in Florida?

93. Posted by: Amelia

    Hi Louis! An employer in Florida can do many things, unless they are covered by the federal minimum wage law, the FLSA. If the employer has $500,000 in revenue per year or more, then the federal law applies. The FLSA requires that an employee be paid for any mandatory training or mandatory meeting. (Note that if the employee is free to take another class at another time, then the employee need not be paid for the training in some cases.) So the employer can require that you attend this meeting, and can fire you if you do not. However, the employer has to pay you for the meeting under the FLSA. HTH, and thanks for reading the blogs!~ Amelia

94. Posted by: Crystal

    MessageDear Amelia:
    My employer has recently decided to make it mandatory to bring uniforms in to be laundered, I have let them know that I am allergic to the soap they use and I really don’t need one more thing to try to remeber in the morning before work. Can they require this?

95. Posted by: Crystal

    Message I forgot to mention that I am in Florida thanks again

96. Posted by: Amelia

    Hi Crystal! The employer is actually being generous by washing the uniforms for you — most companies don’t do this. It’s possible that they are having a problem with employees coming to work in dirty uniforms, so this is a reasonable request. Ordinarily, they could fire any employee who did not comply. The agrument that you “don’t need one more thing to try to remember in the morning before work” just doesn’t work. It only makes you look lazy. Obviously, it would be easier to take the uniforms to work rather than wash and dry them yourself.

    If you genuinely have an allergy to the soap they use, that may be a different story. If the soap causes a rash, breathing problems, sores or other physical symptoms, that may be a disability under ADA, the Americans with Disabilities Act. You could request a reasonable accommodation under ADA for your chemical sensitivities. Being allowed to wash and dry your own uniforms would be a reasonable accommodation in most cases. However, you would have to submit medical proof of the disability. HTH, and thanks for reading the blogs!~ Amelia

97. Posted by: Linda

    We have hourly workers, and it is assumed that during the day they take a one hour break. The workers do not punch in or out for this break. When payroll is calculated, this one hour is deducted. Essentially, they punch in at the start of the day, punch out when done, and the one hour meal break is not shown (not punched) on the time clock. Is this legal, or would the employee have a legitimate claim for back-wages based on the time card record?

98. Posted by: Amelia

    Hi Linda! The employees probably have a legitimate claim for back wages, because you really cannot prove that they are taking a one-hour daily lunch.

    The federal FLSA and the Florida minimum wage law require that an employer keep accurate records of all hours worked by non-exempt employees, and the wages paid. In this case, you are in violation of those laws because you are not accurately tracking whether the employees are actually taking a meal break or not. In addition, if one employee has ever skipped his or her meal break, even without permission, you are in violation of federal and state minimum wage laws, which require you to pay employees for all time worked. The employees might also be entitled to overtime if this puts them over 40 hours per week.

    At this point, if an employee were to produce a pocket calendar that shows the hours he or she worked, and shows that some of the time the employee did not take a meal break (or took a meal break shorter than one hour) the U.S. Department of Labor would probably accept it as proof of hours worked. You have no evidence to counter that claim.

    Automatically deducting time for a meal break is very risky. We recommend it only in a situation where an employee could not work during that hour, even if he or she wanted to. For example, in a factory, the assembly line might be shut down for an hour at noon. Line workers would not be able to work during that time, even if they tried to. In that case, the employer would be justified in automatically deducting a one-hour meal break from each employee’s time card.

    However, in any situation where it would be physically possible for the employee to work through a meal break, even without permission, employees should be required to punch out and back in for meal breaks. HTH, and thanks for reading the blogs!~ Amelia

99. Posted by: Gary

    My daughter works for a large retail chain and has had her schedule broken up into odd segments… as an example - work four hours - off four hours - work four hours. The off time is not enough to come home for since travel would use up 1 1/2 hours. She is employed in Florida but it is a national company.

    Is this legal? Sometimes the hours are even greater (both the worked hours and the in between, wander the mall, hours). This can make for a very long day and she only gets paid for the worked hours, of course.

100. Posted by: Amelia

     Hi Gary! These are difficult working conditions but yes, this is legal in Florida. State and federal law set very few limits on how an employee can be scheduled in Florida. This is considered a private matter between the employer and employee.

     The schedule that your daughter is working is known in HR as a “split shift.” It is more common in the restaurant business than in retail, and yes, it is a killer. This is because the employee is basically gone from home for 12 hours but only gets paid for 8. However, this strategy is 100% legal in Florida and most other states. (A few states require that the employee be paid for an extended mid-shift break like this, but Florida does not.)

     The obvious solution, of course, is for your daughter to find something constructive to do during the time off. If she is a student, she may want to study during this time. If not, she can use the time to look for a job with a more reasonable schedule. Since she is at the mall anyway, she can start by looking for another retail job. HTH, and thanks for reading the blogs!~ Amelia

101. Posted by: Rick

     I have a 16yr old daughter that works in a restaurant. She works on Saturdays from 8am to 4pm. She gets one 30 min lunch from 11:55a to 12:25pm. It is my understanding that she should get two 30 min breaks. One for each four hour segments for her 8 hour work day. Is it legal for them to break her in the middle to avoid 4 hours straight worked?

102. Posted by: Amelia

     Hi Rick! If your daughter works in Florida, your understanding is inaccurate. There is no federal or Florida law that requires an employer to give employees two 30 minute breaks when the employee works 7 to 8 hours. The Florida code says that the minor cannot be required to work more than 4 hours without a 30-minute uninterrupted meal break. In this case, your daughter is working 3 hours 55 minutes, taking a 30-minute break, and then working 3 hours and 35 minutes. This conforms with the law in every way.

     If your daughter worked an additional 26 minutes, to 4:26, she would be entitled to an additional unpaid 30-minute meal break.

     Of course, if you feel your daughter is overworked, or she is not able to work a 7.5 hour shift with a 30-minute lunch break, you can require that she find a part-time job with better hours. HTH, and thanks for reading the blogs!~Amelia
     Read more about this at: http://www.myfloridalicense.com/dbpr/reg/childlabor/documents/childlaborposter0709.pdf

103. Posted by: Ana

     I accepted a mid-night shift position in order to go full-time. However, I realized that I made a mistake because it’s been taking a physical toll on me (sleeping 4hrs daily for past 3wks). I expressed this to my supervisor and she told me that HR needed something in writing before they got to the point where all vacancies were full. There’s suppose to be two employees during this shift at all times and I worked for 4 days by myself until 3 or 4 in the morning. This past Thursday morning, 7-22-10 at 5am, it happened; my blood pressure went up to 173 over 100, my sugar dropped to 63, I turned pale, and was practically incoherent (I’ve never had pressure issues, nor am I a diabetic or suffer from hypoglycemia…..I think my body stressed out from lack of sleep.) I had to get a doctor’s note releasing me back to work ’til they run some test. In the meantime, my supervisor is telling me they are working on getting me back on days and to hang in there…….I think they can put me back on days now but she just does not want to be the one having to come in on the midnight shift. Where do I stand with this if something happens to me again?

104. Posted by: Amelia

     Hi Ana! Unfortunately, there is no law that allows an employee to pick and choose which shift she will work. You accepted the night-time position, and the employer is not under any obligation to put your back on days, ever. If you are physically unable to work, then you may be entitled to unpaid time off, but not to be transferred to a daytime schedule.
     You could quit, but you would not be entitled to unemployment benefits if you did.

     Your employer is being more than fair by offering to put you on days when they can fill the nighttime position, if that is what they are offering. Be aware that if you give HR a note that says you can no longer work the night shift, basically you have quit your job. They have no obligation to offer you a shift that you would prefer. If you give HR anything in writing, our suggestion is that you simply express a preference to work a daytime shift when they have an opening. (Nor do they have to give you full-time work if you go back to days.)

     It will be almost impossible for you to prove that your health problems are due to your schedule. The employer would argue that you are still working only 8 hours per day. If you choose to sleep less than 8 hours, and not eat at regular times, that is not the employer’s responsibility.

     It is entirely reasonable for the employer to want to hire someone else to work the midnight shift before transferring you to days. (And it is not entirely clear to us that the employer has committed to moving you to days, ever.) Basically you agreed to work midnights, and now you are welshing on that agreement.

     Many people do successfully adapt to working midnights. To do so, eat and sleep at the same times every day (even on your days off.) Try to make your bedroom completely dark during the hours you sleep, even if that is in the middle of the day. If necessary, take over-the-counter sleep aids like Tylenol PM until you establish a regular sleep pattern. Most night shift workers experience a slump between 2 am and 5 am. A snack or a beverage containing caffiene may help. Of course, it is easier to adapt to a midnight shift if you do not share living space with people who are on daytime work or school schedule. The only thing you can really do is to try some of these tips until the employer is able to switch you to a daytime shift, if they are willing to do so.HTH, and thanks for reading the blogs!~ Amelia

105. Posted by: Patrick

     Hi Amelia

     Let me start by saying that you are doing a wonderful job here, and I certainly do appreciate it a lot.

     I work for a sales call center in florida where we get a high volume of calls on a daily basis. Due to that fact the managers deny us our breaks and lunches all the time. Me personnally I’m never able to take a lunch break until 6 to 7 hrs into my shift with a paid 15 min break usually 4 hrs after i start. I was wondering that if there aren’t any laws that prevent the employer to deny the workers a lunch break after a certain amount of time working an 8 hour shift

106. Posted by: Amelia

     Hi Patrick! Thanks for the kind words — we are happy to help.

     Unfortunately the working conditions you describe are legal in Florida. Nineteen U.S. states have break laws that would require a meal break for employees, but Florida does not. An employee could actually be required to work 12 hours without a meal break in Florida. OSHA worker safety regulations require that you be allowed to use the bathroom when nature calls, and that’s about it.

     The working conditions at many call centers are deplorable, and if they continue, eventually they will probably be regulated by federal law. HTH, and thanks for reading the blogs!~ Amelia

107. Posted by: Jimmy

     I am inquiring for another source so as to stay neutral. The question is, In Florida is there a lenght of time or an amount of hours by law in between shifts? As in work midnight to 6 am and be due back at 2 pm the same afternoon to work another 6 to 8 hour shift?

     Thanks

108. Posted by: Amelia

     Hi Jimmy! No. Like most states, Florida does not regulate the time between shifts. It would be entirely legal for the employee to get off at 6 am and have to return to work at 2 pm, regardless of the length of the shift. In fact, it would be legal for the employer to have the Florida employee work a 12-hour shift ending at 6 am and then begin another 12-hour shift at 9 am.
     The only limitation that is put on this is that under federal law, the employee must be paid overtime when working more than 40 hours in the payroll week. HTH, and thanks for reading the blogs!~ Amelia