8 Citations
Breaks are vital to any employee’s day. They provide opportunities to reload on energy and refresh the mind, playing an integral part in employee well-being and contributing to a healthier and more productive work environment.
Florida’s labor laws dictate every facet of employee-employer-employment relationships, including the availability and provision of breaks. In Florida, these laws are more flexible than they are in other states, but employers nonetheless retain a responsibility for safely balancing employee welfare and productivity.
This article will help you understand Florida labor laws on breaks. We’ll cover meal breaks, rest breaks, and breastfeeding breaks, address the implications of federal laws, discuss the consequences of violating such laws, and highlight the key rights and obligations of both employers and employees.
Let’s dive in…
Understanding Florida Labor Laws on Breaks
-
💡Did You Know?
According to a 2021 survey, 46% of Americans say they have maintained or improved their mental health by taking multiple 5 to 10-minute breaks to help relieve stress, depression, and anxiety.
Florida labor law break regulations adopt a relatively employer-friendly stance – employers in the state are not bound by law to offer employees meal or rest breaks of any kind, whether paid or unpaid.
This flexibility allows employers to tailor break policies however they deem fit, deciding whether or not their employees will have some break time during their work hours, how long such breaks can last, and whether or not breaks will be compensated.
In the absence of state-specific meal or rest break laws, federal law – particularly the Fair Labor Standards Act (FLSA) – controls the employer-employee relationship. However, FLSA does not mandate meals or rest breaks for employees. Due to this lack of guidance at the state and federal levels, employees in Florida are not entitled to specific breaks.
There is one salient and prominent exception to this law – in Florida, employees under 18 must receive an uninterrupted 30-minute meal break for every four hours of work.
Types of Employee Breaks in Florida
-
💡Did You Know?
According to a 2021 survey, 46% of Americans say they have maintained or improved their mental health by taking multiple 5 to 10-minute breaks to help relieve stress, depression, and anxiety.
When considering breaks in the state of Florida, break periods typically fall in two categories:
Rest Breaks
While employers in Florida are not mandated or required by state or federal law to provide their employees with rest breaks during their shifts, they may choose to. In this case, the employer and employees may reach a mutual agreement on providing breaks (whether meal, rest, or both).
The agreement should specify the rest interval, which can last anywhere from 5 to 20 minutes. Usually, this period is paid time – employees should still be compensated during their rest periods.
Many employers create policies on employee rest breaks to support employee productivity and morale. Offering employees breaks can keep them focused and engaged in their tasks, allowing more efficient completion of work more accurately with fewer errors.
When an employer agrees on the provision and duration of rest breaks, it must be clearly stated in employment contracts and company policies.
Meal Breaks
FLSA does not mandate the provision of meal breaks for adult employees in Florida.
Employees are not entitled to compensation or pay for meal breaks considered bona fide meal periods, which typically do not include coffee breaks or time for snacks as these are considered rest periods. The employee must be completely relieved from duty during a bona fide meal break, which ordinarily lasts at least 30 minutes.
Despite not being mandated by state or federal laws, many employers still offer regular meal breaks – a sensible approach, as research shows a positive relationship between meal breaks and employee health, performance, and stress levels at work.
Longer meal breaks at work have been connected to less physical exhaustion, while frequently skipped meal breaks have been tied to various health complaints.
Paid Versus Unpaid Breaks in Florida
According to FLSA, all employees must be paid for all hours worked. This typically includes designated breaks in which employees are allowed to take a break but are still on duty and are expected to continue fulfilling their job roles.
For example, a store attendant might be on a meal break but still be required to welcome guests and attend to customers. In this case, the employee is still performing their job duties and is entitled to fair compensation for their work.
Short breaks that last 5-20 minutes throughout the workday must be paid for under FLSA. However, FLSA does not specify how these break provisions ought to be structured, leaving employers to tailor break policies themselves.
However, an employee taking a bona fide meal break of at least 30 minutes – during which they do not have to perform any job role and are relieved of all duties – does not need compensation for these breaks.
It isn’t uncommon for Florida employers to offer one unpaid 30-lunch break per 8-hour shift and a paid 15-minute rest break for every 4 hours of work.
Want to ensure your company stays compliant with employee break laws in Florida – or in any other state? Try Workyard!
With Workyard, you can…
Click the links above to discover how Workyard can help handle your employment compliance needs, or go to the link below to start a fully-featured 14-day free trial today:
Ensure employment compliance and better manage your payroll with Workyard
Breaks for Specific Categories of Workers
Despite the absence of detailed state-specific break laws in Florida, the state protects the meals and breaks of employees in certain categories. These employees are exempt from general break laws and the state expects employers to provide the necessary conditions for qualifying employees.
Meal and Break Periods for Minors
Individuals under 18 are considered minors in Florida. The state allows minors 14 and older to work, with fairly widespread restrictions on everything from work hours, work duration, allowed occupations, and even break periods.
Florida’s child labor laws prohibit minors from working for more than four consecutive hours without an unpaid meal break. This meal break must be at least 30 minutes and not include any requirement to continue performing job roles. Minor employees are also entitled to a 10-minute break for every 4 hours worked.
For a minor to be entitled to mandated breaks in Florida, they must not meet any of the following criteria:
- Possess a GED or have graduated from high school
- Hold a Certificate of Exemption from their school superintendent
- Engage in private domestic service
- Work as a Florida Senate page
- Work for their parents
Breaks For Employees Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment.
While the ADA doesn’t specify any entitlement to breaks at work, it does require employers to provide comfortable and reasonable accommodations for individuals with disabilities.
An example of reasonable break provisions and accommodations for employees covered by the ADA might include:
- Providing employees with pain disorders (or other disabilities that cause pain) with intermittent breaks to sit or lay down to relieve discomfort
- Allowing employees with medical equipment such as a brace to take breaks to adjust their equipment whenever necessary
- Allowing employees the time to take prescribed medication or to administer injections privately (such as for employees with diabetes).
This list is far from exhaustive – other conditions might require that employees be provided with quick breaks when necessary. To protect their rights, employees should check which conditions qualify for disability breaks under the ADA. Employers should be aware of the health conditions and categories of their employees to ensure they treat everyone fairly and avoid potential penalties and/or lawsuits.
Breaks for Nursing Mothers
Nursing (lactating) mothers must be provided adequate and reasonable accommodation to express their breast milk whenever necessary. This provision lasts until the baby is up to one year old.
Employers must make arrangements and provide convenient private areas for employees to express milk. These areas must be beyond the view of other employees and be protected from intrusion by coworkers. Bathroom or toilet areas do not count as “convenient accommodations” for nursing mothers to express milk.
Nursing breaks do not have to be compensated. However, if an employer already offers paid breaks for analogous circumstances, the nursing employee’s break should be paid for.
Regulations on breaks for nursing mothers only apply to non-exempt employees who qualify for FLSA minimum wage and overtime pay requirements in Florida. Companies with fewer than 50 employees can be exempted from this provision by providing evidence that offering nursing breaks can disrupt business and present “undue hardship.”
Common Misconceptions and Clarifications
Many employers and employees in Florida have misconceptions about meal and rest breaks. Breaks may be provided improperly and may be improperly classified as unpaid. Employees who don’t know their rights can miss out on breaks, pay due, and other perks..
Here are some common misconceptions and mistakes surrounding employee breaks in Florida:
All Employees in Florida are Entitled to Meal and Rest Breaks
Only minors under 18 are guaranteed 30-minute unpaid meal breaks for every 4 hours of continuous work in Florida. Adult employees have no state-mandated breaks, but employers can offer breaks at their discretion.
Any Break Offered Counts Towards the Required Breaks
Only unpaid breaks of 30 minutes or longer for meals (20 minutes or less for rests) count towards the legal requirements. Longer breaks or shorter rest breaks are not mandated.
If I Work Through My Breaks, I'm Owed Extra Pay
If you work through a paid rest break, you should be compensated. However, unpaid meal breaks, do not entitle employees to additional pay if they choose to work through them.
Employers Can't Discipline Me for Taking Breaks Not Specified in My Contract
While employers cannot prohibit you from taking reasonable breaks even if not mandated, they have the right to set and enforce break policies for all employees. This can include disciplinary action for violating those policies, regardless of whether the breaks are legally required.
Break Laws Are the Same All Over Florida
While state laws generally apply across Florida, some cities and counties may have their own ordinances regarding breaks, which can be stricter than state law. Always check with any local municipality in which you do business for specific regulations.
Federal Law Mandates Meal or Rest Breaks
FLSA does not mandate any meal or rest breaks. However, if an employer chooses to provide a meal break, they must adhere to federal requirements.
Employers Must Provide a Specific Number of Breaks
Neither Florida break laws nor FLSA specify the number of breaks an employer must provide. Employers usually create policies to define the provisions themselves – many employers will offer one unpaid 30-lunch break and a paid 15-minute rest break for each 8-hour shift.
Employees Can Be Required to Work During Break Time
Employers can refuse to allow breaks, except for minors under 18. If an employer provides a rest break or requires work to be performed during a designated meal time, employees must be paid for those breaks as part of their workday.
Employers Can Deny Break Without Consequences
Employers who violate Florida break laws may face penalties. Employees can file wage and hour violation complaints to seek compensation for denied wages.
When trying to understand break laws in Florida, it’s important to remember:
- Break laws in Florida are relatively minimal compared to other states
- Employers have discretion to offer breaks beyond legal requirements
- Always clarify break policies with your employer or workforce to avoid misunderstandings
- If you have concerns about break practices, consult the Florida Department of Labor or a legal professional
Implications for Employees
Employees in Florida should be aware of their rights and how to ensure they are respected. Some key points to keep in mind include:
Florida is an at-will employment state
Employers can terminate employees for any reason, as long as it is not discriminatory or retaliatory. However, employees who are fired or laid off due to discrimination, retaliation, or any illegal reason may have a wrongful termination claim.
Federal and state laws control employee rights in Florida
Both federal and state laws apply to employee rights in Florida. FLSA is the primary federal wage and hour law covering most employees in the state. Employers with 15 or more workers are also covered by Title VII of the Civil Rights Act, the main federal workplace discrimination law.
Employers are not required to provide meal or rest breaks
Florida employers are not legally required to offer meal or rest breaks, either paid or unpaid, to their employees, except for employees 17 and younger. However, if an employer chooses to provide a meal break, they must adhere to federal requirements and state the break policies clearly as a part of their contractual agreements.
Employers must compensate employees for missed breaks
Employers must pay their employees for missed meal breaks or rest breaks. Noncompliance with break laws can have negative consequences on employers. Employees have up to three years to file a claim for unpaid wages.
Employers cannot dictate what employees do on their breaks
Employers can require employees to take a rest or meal break, but cannot dictate what an employee does on those breaks. For instance, an employer cannot require an employee to eat a meal during a long break or go to the bathroom during shorter breaks.
Employees can ensure their rights are respected by familiarizing themselves with federal and state laws, keeping track of their hours worked and breaks taken, and reporting any violations to their employer, state or federal agencies, or to a labor law expert.
Implications for Employers
Employers in Florida should consider the following aspects of the state’s meal and break laws:
Flexibility in break policies
Florida employers are not legally required to provide meal or rest breaks, except for employees 17 or younger. Employers can create their own policies on breaks, which can be beneficial for businesses with unique operational needs or industry-specific requirements.
Compliance with federal laws
Employers must adhere to federal laws, such as FLSA, which requires employers to pay employees for short breaks of 20 minutes or less. Employers with 15 or more employees must also follow Title VII of the Civil Rights Act, which prohibits workplace discrimination based on various protected characteristics.
Recordkeeping requirements
There are no laws in Florida regarding recordkeeping requirements for employers, but federal law requires employers to keep records detailing each employee’s information, including wages, hours worked, and overtime pay.
Respecting employee rights
Employers must be aware of and respect the rights of their employees, including those related to workplace discrimination and retaliation. Employers violating these rights may face penalties and potential legal action from employees.
Voluntary break policies
Many employers in Florida have voluntary break policies under which meal or rest breaks are provided to employees beyond mandates set forth in federal or state law. Employers with established break policies should ensure their policies comply with federal and state laws and are consistently and fairly applied to all employees.
To ensure compliance with Florida’s employment laws and maintain a positive working environment, employers should consult with legal experts or HR professionals to develop and implement appropriate workplace policies and practices related to break time and other employee rights.
Consequences of Violating Break Laws in Florida
Employers in Florida enjoy a great deal of freedom in tailoring their break policies, with the exception of employers with minor employees. However, this flexibility doesn’t guarantee an absence of consequences when employers violate meal and rest break rules in Florida.
Failure to properly compensate breaks can result in employees filing a complaint for wage and hour violations and/or seeking restitution for unpaid wages.
Final Thoughts on Florida Labor Laws on Breaks
Florida labor laws on breaks are more flexible than those in other states, but employers still have a responsibility to balance employee welfare and productivity. Employers are not legally required to provide meal or rest breaks (except to minor employees), but they must adhere to federal requirements if they choose to provide meal and/or rest breaks.
Employers should consult legal experts or HR professionals to develop and implement appropriate workplace policies and practices regarding break time and other employee rights. For a more in-depth exploration of employee rights in Florida, employers and employees should check out our detailed guide to Florida labor laws, which covers most aspects of employment in Florida, including wages, overtime, and more.
For many businesses, the only real solution to compliance challenges is great software. The right business management software tends to come with built-in compliance and recordkeeping rules, regardless of your industry, how many employees you have, what they do, or how widely they’re dispersed across the state (or country).
If you operate a construction or field services company, we humbly suggest trying Workyard for your compliance needs.
Workyard is built around the industry’s most accurate GPS tracking and geofencing technology, which ensures payroll accuracy across your workforce, no matter which job site you send them to or when you need them to work there. Workyard’s timesheet tracking system also comes with built-in federal and state overtime rules, as well as adjustable break rules you can customize at the employee level.
Workyard’s intuitive scheduling dashboard makes it easy to direct your workforce to the jobs you need to do based on their skill sets, locations, availability, and (of course) their weekly time worked – so you can avoid unnecessary overtime payments and reduce reimbursable travel expenses.
All of these tools work together to save you money. Minimize payroll waste, ensure regulatory compliance without lifting a finger, accurately assess project costs in real-time, and pay your team easily, thanks to seamless payroll processing integrations.
Best of all, you can try it free for 14 days, so you can be sure it’s the right solution for your company. Just click here (or the buttons below) to get started today!
Loading...
