Are Employers Legally Required to Provide Meal Breaks or Rest Breaks in Florida?

The standard eight hour shift can be a long time—especially if you work at a busy or stressful job in a hectic environment. Most employers in Florida offer rest breaks and/or meal breaks to full-time hourly workers. Doing so can actually help increase overall productivity. You may be wondering: Is my employer required to give me a break? The answer is no—at least not in Florida. In this article, workers will find an overview of the key things that they should know about meal breaks and rest breaks in Florida.

Florida Law Does Not Require Meal Breaks or Rest Breaks 

Florida is among a number of different U.S. states that do not have a specific provision mandating meal or rest breaks for employees. In other words, employers in Florida are not legally obligated by state law to offer their workers dedicated meal breaks or rest breaks during their work shift. While it might be a common practice for businesses to provide a lunch or break period—especially during full-day shifts—it is not a legal requirement under Florida state law.

Note: There is an exception for minor workers. An employee in Florida who is under the age of 18 must be given an adequate rest break for every four hour period that they work.

Federal Law (FLSA) Does Not Require Meal Breaks or Rest Breaks 

Does federal law mandate meal breaks or rest breaks for employers in Florida? Once again, the answer is “no.” The Fair Labor Standards Act (FLSA) does not mandate employers to provide meal or rest breaks either. This is often a source of misconception. While the FLSA covers many aspects of employment, such as minimum wage, overtime pay, and child labor provisions, it does not mandate businesses or organizations to offer break times.

The FLSA Requires Payment for Hourly Workers for Short Breaks (5 Minutes to 20 Minutes) 

In reality, the vast majority of employers in Florida do offer breaks for their hourly employees. When they do so, they must comply with the wage and hour requirements of the FLSA. According to the FLSA, short rest breaks—those ranging from five minutes to twenty minutes—must be counted as hours worked. An employer cannot require you to “clock out” for a five minute bathroom break. You must be paid for that short rest time. On the other hand, meal breaks—30 minutes or longer—can be unpaid time. An employer in Florida can require an hourly employee to clock out for their 30 minute meal break. However, the FLSA is clear: The employee cannot do any work while off the clock. If they do any work at all, they must be paid.

Get Help From a Wage and Hour Attorney in Florida 

Employers in Florida must comply with the wage and hour requirements of the FLSA. If you were denied pay for a short break—such as a five minute break—you may be entitled to compensation for unpaid wages. Contact an experienced Florida wage and hour attorney for immediate help.