Florida Lunch and Break Law

July 28th, 2006 Posted by Sarah

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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Posted in Florida, State, Wage and Hour

  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

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