wondering if it's legal for an employer in Fl to force you to clock
out for lunch ?
Can an Employer in Fl Force You To Take Lunch ?
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Slartibartfast
- Posts: 335
- Joined: Wed Jul 18, 2018 4:24 pm
- Location: Naples
Can an Employer in Fl Force You To Take Lunch ?
A common mistake that people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools !
https://www.employmentlawhandbook.com/w ... s/florida/
Meals and Breaks
Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Florida Stat. 450.081(4).
Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Meals and Breaks
Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Florida Stat. 450.081(4).
Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
https://www.dol.gov/general/topic/workhours/breaks
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.
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.
L gave the opposite of the answer- when a company is forced to give a lunch. The question was asked the other way, can a company force a lunch.
The answer to the question asked is almost always, yes.
*Not a lawyer, not legal advice, but the software I develop is now in this arena, so I am generally familiar.
The answer to the question asked is almost always, yes.
*Not a lawyer, not legal advice, but the software I develop is now in this arena, so I am generally familiar.
They're obviously probably trying to save a little on the employee hours, it's usually a result based on performance because people spend at least 30 minutes a day in the bathroom screwing off on their phone.....many employers look at that as your break.
What's funny is where I used to work there were only two bathrooms and about 32 employees, almost daily they were always occupied and when you got to go you got to go.... so all you do is swing by the office and yanked the power cable on the router and magically both bathrooms would open up.......slackers
What's funny is where I used to work there were only two bathrooms and about 32 employees, almost daily they were always occupied and when you got to go you got to go.... so all you do is swing by the office and yanked the power cable on the router and magically both bathrooms would open up.......slackers
Could be lots of reasons... Matching policy forced in another state. Insurance requirement for 'safety' or other dangerous positions where focus is key. Other legal requirements (think DOT or other licensed activities). Union activity/requirement. Policy included in an employee manual. Even an inflexible timekeeping system (or lack of proficiency with it).
In Florida employers have a lot of leeway, it is viewed that you are a business selling your labor to another business. Don't like the terms, sell your labor to another party. Generally, if you are being treated the same as everyone else, and there isn't a good reason not to, you're generally at the employer's whim.
Working in Right to Work states will always suck because the deck is always stacked against the worker. Pooping on company dime is as American as apple pie.
"The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted."
but shit and get off the pot, don't just sit there on your phone and expect no one to notice
I am so happy to be retired.
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lakelandman
- Posts: 1287
- Joined: Sun Aug 12, 2018 1:12 am
- Location: Lakeland
Yeah, Florida sucks when it comes to jobs and pay and benefits one of the worst states I have ever worked in.
Everybody's got a plan until they get hit.