The Lowdown on Florida Break Laws
Florida, like many other states, was not very progressive in passing workplace laws and regulations. Unlike the federal government, where the Fair Labor Standards Act (FLSA) covers most employees, Florida does not have many laws protecting employee breaks and lunches. In fact, there is a major divide between Florida and the vast majority of other states regarding break and lunch laws.
Florida Statutes section 6B-5.01 does not require private employers to provide employees with breaks. Unless there is an existing contract or workplace policy, The law does not define what breaks are. The Florida Supreme Court has ruled that even those corporations employed by state contracts must act in accordance with the statute, meaning that they are not required to provide breaks. With various workplace policies and collective bargaining agreements however, some breaks may be granted.
The lack of a Florida break requirement does not mean that employees do not have daily breaks at work. While it is not required, most progressive employers do allow employees to take breaks. Many employers, particularly large ones, provide employees with "coffee breaks" and meals during shifts. Whether or not they offer time off from the job, Florida employers are expected to pay employees for time spent during small breaks and meals, even if they end up only being for a few minutes.
As in most states, Florida employers that do provide time off must ensure that breaks are long enough for employees to engage in meaningful action. Employers that allow their employees a short period of time, such as five to ten minutes, to enjoy a beverage are not violating the law . However, Florida based employers who provide employees with longer breaks, such as 15 minutes to an hour, must offset this time from an employee’s regular break. For example, if an employer offers employees with the option to have a one hour meal break, the employer must allow employees the opportunity to leave their job duties for this period and not require them to continue working or stay on call.
Further complicating Florida’s limited break laws are the federal requirements in the FLSA. Like Florida law, the FLSA does not require breaks for employees. However, unlike Florida, the FLSA provides some framework for how employees can be compensated for time off from work. The FLSA regulates "bona fide" meal periods, which are unpaid regardless of how long they are. Supervisors can work during these periods and they do not have to be long enough for the employee to leave their work area.
Florida follows the federal government in providing some regulations concerning on-the-clock meals. Meal periods are paid when they are less than 20 minutes long. Emptying a vending machine, consuming a snack, moving from one work area to another and leftovers from a meeting are all considered working time requiring compensation. While time spent eating is considered working time, sleeping during an overnight shift is not paid time.
Even where breaks or lunches are required by an employer, employees may be entitled to payment for time spent where it fails a "predominant benefit test." This four-part test evaluates whether the time spent during a workplace break primarily benefits an employer.
Florida’s Laws Regarding Breaks Under Federal Law
When we are discussing breaks at work, we also have to consider what the federal requirements are. Federal regulations do not require that Florida workers get any breaks at all when they are working. Most breaks will fall under multiple state and federal laws, however, so a discussion of federal regulations is important as the next step in determining whether Florida employers have violated the law by not providing breaks to their employees.
Rule 785.18 of the Fair Labor Standards Act (FLSA) does allow for short rest periods to be counted as wage hours. This rule says that the breaks must be short enough to be considered a rest period and not a meal. Generally speaking, the break periods must be under ten minutes and they must be in the middle of the work shift so that the worker can be relieved from his or her obligations during the break time. If an employee is relieved of his or her duties for the ten minutes and it is a rest period and not a meal, than that time is counted as hours worked even though the employee does not have to do his or her work obligations during that time.
Break Policies Employed by Florida Employers
Employers have a great deal of discretion in deciding whether and when to allow breaks within a workday. Many employers take advantage of this discretion, providing employees the opportunity to take breaks even when under no requirement to do so. Certain industries and jobs involve a regular practice of extending break opportunities to employees. Universally, however, there are a few common practices employers might use to structure the office regime of breaks for their employees.
First, Florida law and commonly available data show that the vast majority of employers allow lunch for all their employees, and many also give two fifteen-minute breaks (morning and afternoon) to their workers. The most common lunch time-frame available to employees in forced at work in Florida is an hour. Perhaps twenty or thirty years ago, traditional lunch hours may have involved two-hour stretches, with employees taking only a half-hour of time for lunch. The legal rules on break times may have influenced this, but also changing cultural views and weekends at church may have affected this result.
With regard to the common fifteen-minute break, there are two patterns that are somewhat common. First, lunches are provided at regularly set times, so that all employees are allowed to take a break from work when it is time for their designated break. Certain health care providers use this type of practice, as do some general contractors and all but one public school district in Miami-Dade. Other employers stagger break times so that a different group of employees receives a fifteen-minute break at a different time. This is the case at the other public school district in Miami-Dade County, where they stagger a fifteen-minute break for elementary-school teachers at regular intervals.
There are many variations available to employers, in both these scenarios. The almost universal component is allowing employees some time during a regular workday to take a break. Even during lunch hours, however, some employers still require their employees to work during lunch.
One of the largest exceptions regards employees who are under no requirements of law to provide breaks. In these circumstances, we generally see good office policy practices that involve lunch and fifteen-minute breaks. In both case, breaks are not allowed to conflict with other scheduled work, and for the most part, employees can receive scheduled breaks at regular intervals. Much of this is done at the employer’s discretion. Furthermore, these policies are similar to those in the sections above, excepting those areas where law requires a formal practice.
In sum, employers choose to provide their employees breaks for many reasons. Although most employers are under no legal requirement to do so, many provide some type of additional breaks to their employees. In these circumstances, choice is the primary issue motivating the break times offered. By allowing employees to take advantage of break time at all, however, employers also protect themselves against potential legal exposure.
Florida Minors’ Rights to Breaks
Workers under 18 are also entitled to breaks under Florida law, but this is somewhat more complicated than it is for their older co-workers. Unlike with workers age 18 and older, minors are entitled to a 30-minute uninterrupted meal break regardless of how long they work in a shift, though this meal break is compulsory only on the employer’s premises. While working, breaks of five to 30 minutes within a four-hour shift , which are counted as compensable time and therefore paid, must be given to minors. For minors age 14 and 15, if they aspire to a longer shift of more than five hours, they are entitled to two paid breaks, but one must occur within the first hour of the first half of their shift and one must occur within the last hour of the first half of their shift. For minors age 16 and 17, a similar rule applies, but these younger workers are entitled only to one paid break.
Lunch Breaks Under Florida Labor Laws
The most common type of meal period in the workplace is a lunch period. Again, it must be 30 minutes or more in order to be unpaid. In many businesses, it is common for employees to take an hour for lunch. Again, the employee is free to leave the premises for lunch or remain at work, however it is their choice. During this time, the expectation is that they will not be interrupted and can enjoy their lunch.
In other businesses, a 30 minute period of time is given and the employee usually goes on duty during that time.
From a legal perspective, the meal is unpaid if the employer is not allowing work to be done. However, if the employees are tending to work while they are eating, it may be considered working time. The fact that work is getting done during the lunch period does not qualify as voluntary if the employer mandates that the employees eat lunch on the premises.
Again, I stress that the employee has to do no work while they are eating the meal. Otherwise, it is working time and must be included hours worked.
Break Customs for Floridians
When employees are not afforded appropriate breaks under Florida law, they have a number of options. First, the issue may be addressed with an employer internally instead of through a costly lawsuit. An employee who believes he or she is not receiving proper breaks under state and/or federal law may first contact his or her employer directly to attempt resolving the issue. While most employees would probably prefer not to rouse their bosses into action, a cordial conversation may avoid the need to escalate the matter. In many cases, a simple misunderstanding as to the law or company policy can be cleared up simply.
If an internal solution is not possible, or simply does not work, employees have options under the law. First, an employee who has been denied proper breaks may file a complaint with the U.S. Department of Labor or applicable state agency. Such government entities can investigate and , if warranted, take action against an employer.
Additionally, Florida law protects employees by allowing them to file civil lawsuits. If an employer’s denial of proper breaks has resulted in financial harm, then a lawsuit may be the appropriate next step. Employees may sue for monetary damages for losses incurred as a result of a break being taken away or shortened.
The bottom line is that if an employee is not receiving proper work breaks, be it for lunch or rest, the Financial Legal Center right here in Orlando, FL, can assess the situation. A Free Case Review gives you the opportunity to ask any questions you may have regarding your situation, and to get a FREE and accurate consultation to determine if you have a case.