Legal Question in Employment Law in Florida

Break times at work?

My employer MAKES all employees take a 30 minute break during our 8 hour work day. They tell us that it is required by law that we MUST take these breaks. I know this isn't a law, but is it legal for them to FORCE us to take a 30 minute break? Also, right now, along with this forced 30 minute break, they allow us the option of taking two 10 minute breaks, which they don't pay for. Aren't they supposed to pay for these breaks? If so, and we argue to get our pay for these breaks, I assume they can take them away from us? Also, if they are suppossed to pay us for those breaks, is there a way to be compensated for all the 10 minute breaks that an employee has taken for the duration of employment there?

Is there a source on the net where I can get the answers in ''black and white'' to share with my fellow employees?


Asked on 3/18/04, 8:00 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Break times at work?

I am unaware of an OSHA rule requiring lunch breaks. (Generally, there is no federal law requiring break periods. Some states have rules for specific employees such as Florida which mandates breaks for certain health workers.) If there is one and it is in the statute or regulations, then either an OSHA complaint could be filed or a lawsuit could be brought.

A lawsuit would be very time-consuming and expensive and probably not worth it in this case.

Feel free to email to me if you know the citation for the law which mandates the break. (For example, the section of the regulations which contains the rule.) I can check it out further.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 3/19/04, 5:51 pm


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