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Labor law in fl for breaks and lunch

Asked Aug 13, 2009, 06:58 PM — 8 Answers
If I am a fulltime employee IN FLORICDA and work an 8hr shift am I entitle for break and lunch? Thanks

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N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
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#2

Aug 13, 2009, 07:08 PM
The law is a break if you work more than 6 hrs. I believe it can be two 10 to 20 minute breaks or a lunch break.
If you are a minor they have to give you a break for anything over 4 hours
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ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
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#3

Aug 13, 2009, 07:17 PM
Yes you are but it is not necessarily a paid lunch period.
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artlady's Avatar
artlady Posts: 4,208, Reputation: 7451
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#4

Aug 13, 2009, 07:27 PM
According to the U.S. Dept.of Labor Federal Law does not require lunch or coffee breaks.I thought I was misreading this,I found it so unfair.
From the website:
Quote:
Quote:
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable
U.S. Department of Labor - Find It By Topic - Work Hours - Breaks and Meal Periods


EDIT: These states require meal periods: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington, and West Virginia.
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ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
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#5

Aug 13, 2009, 07:33 PM
I too am shocked by the lack of federal law regarding a lunch break. However many states have laws and that's how Walmart got their fanny kicked. Wal-Mart fined for failure to give required lunch breaks
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artlady's Avatar
artlady Posts: 4,208, Reputation: 7451
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#6

Aug 13, 2009, 07:38 PM
Here is another link describing the laws for breaks/lunch in the handful of states that require them.

U.S. Department of Labor - Employment Standards Administration (ESA) - Wage & Hour Divisions (WHD) - Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector - January 1, 2008
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snippy07's Avatar
snippy07 Posts: 84, Reputation: 25
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#7

Aug 13, 2009, 07:43 PM
I live in FL.

At my work minors must take a break every 4 hours for 30 minutes (unpaid).

Other people are allowed to take one 15 minute break (paid) OR a 30 minute break (unpaid).

But that's just my work I don't know about the law.
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ScottGem's Avatar
ScottGem Posts: 58,170, Reputation: 28165
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#8

Aug 14, 2009, 01:07 AM


As noted, Federal and state laws do not always allow breaks or compensatory lunch periods.

The reason for this is that competition for staff generally forces companies to offer such perks. So the first place to look for is the company's employment handbook. If its silent on the issue, then you have to co with what is written in statute.
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21boat's Avatar
21boat Posts: 2,419, Reputation: 1104
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#9

Aug 17, 2009, 07:55 PM
Quote:
found it so unfair.From the website:
Good thing some business doesn't follow all Federal laws.

Could it be most business set there own accepted standards and it worked. Working in construction pouring concrete meeting the "lunch" hour is many times impossible. Eat while you work. I'm sure there are many business in the same venue situation. So following that law would be near impossible and very costly to all.

As an employer I work it different. There's no official brake in the A.M. But grabbing a drink or a munchy in the A.M. Is acceptable as long as you can still work in between the bites. Now in lieu of not taking that official brake in the A.M. I add 15 Min to the 1/2 lunch brake and only mark up 1/2 lunch not paid. When its over 90 degrees I make the guys take an afternoon brake to cool down and get a drink. We as a group vote on it from time to time. Small crews.

When I was young working in a restaurant as a teen Min wage didn't apply to restaurants then. Not sure what it is now.
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