Legal Question in Employment Law in Florida
breaks and lunches
my supervisor approached me because i had complained that since the computers are down we were forced to take a lunch hour. we start at 9am and were told to take lunch at 10am. i was furious. so i clocked out and vented outside, i was called inside and told not to do that because that makes all other employees get in a negative attitude and since we sell over the phone they want everyone like ''a ray of sunshine''. i was threatened that i would be fired next time i even say another word which is negative, she told me that i would have to sign a write up and she never gave it to me. and she told me that there is no law stating that an employer has to give me a break or lunch since we are in fla. which is a right to work state. they constantly tell us that we can take a break after we make our first sale is this legal?? right now i have to go to work where if you don't sell you can be fired. all they want is $$$ sales sales sales.
thank you.
2 Answers from Attorneys
Re: breaks and lunches
This sounds like a possible violation of the Fair Labor Standards Act. Breaks and meal times are normally required under Federal law.
On the other hand, the employer has a right to expect a certain level of sales and you can be rightfully terminated for that. If youre meeting your quota, and you suffer retaliation for complaining, you could sue for that too.
Re: breaks and lunches
There is no law in Florida which requires giving breaks or specifying when lunch breaks must be taken. (With a couple of exceptions not applicable to your business.)
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