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State of Florida Employee break law

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Do you have to give an employee (2) 15 minute breaks if you give them a 1 hour lunch break per day of work for an 8 hour shift in the state of Florida?
Business hours are 8 am-5 pm. With the lunch break at 12 pm -1 pm. Office setting. Hourly pay employee.
 


PayrollHRGuy

Senior Member
Florida requires 30-minute meal breaks for those under 18 that work more than 4 hours.
(4) Minors 17 years of age or younger shall not be employed, permitted, or suffered to work for more than 4 hours continuously without an interval of at least 30 minutes for a meal period; and for the purposes of this law, no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.

http://archive.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0450/Sections/0450.081.html
Neither federal or Florida law requires no breaks for employees 18 and over.
 

LdiJ

Senior Member
Do you have to give an employee (2) 15 minute breaks if you give them a 1 hour lunch break per day of work for an 8 hour shift in the state of Florida?
Business hours are 8 am-5 pm. With the lunch break at 12 pm -1 pm. Office setting. Hourly pay employee.
If they are free to get up and go to the bathroom when needed and things like that, you won't run into any moral problems if you do not provide breaks, but if they are not free to get up and go to the bathroom when needed, and things like that, you may have a problem retaining employees.
 
If they are free to get up and go to the bathroom when needed and things like that, you won't run into any moral problems if you do not provide breaks, but if they are not free to get up and go to the bathroom when needed, and things like that, you may have a problem retaining employees.
We had an employee that tried to abuse this issue. We understand bath room breaks, etc. Just needed to know the law. Thank you
 

cbg

I'm a Northern Girl
With the single exception of a very industry specific law in Illinois, two 15 minute breaks are not required anywhere in the US for employees over the age of 18. There are states where 10 minutes breaks are required (and I personally think there should be more of them - I think it's horrifying how few states require breaks) but outside of labor unions and hotel housekeepers in Illinois, the mandatory 15 minute break is a myth.
 

LdiJ

Senior Member
With the single exception of a very industry specific law in Illinois, two 15 minute breaks are not required anywhere in the US for employees over the age of 18. There are states where 10 minutes breaks are required (and I personally think there should be more of them - I think it's horrifying how few states require breaks) but outside of labor unions and hotel housekeepers in Illinois, the mandatory 15 minute break is a myth.
I agree, however I have never worked for an employer who did not allow breaks or at least the freedom to go to the bathroom when needed. I don't think employers do it because they think its required. I think that they do it because they won't retain employees if they don't.
 

cbg

I'm a Northern Girl
Neither have I, but since the employer clearly believes that 15 minute breaks are mandatory, I think it's important to set the record straight. I am not commenting on what employer should, or even does, do. I am correcting a misconception of the law.
 

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