Legal Question in Employment Law in Florida

Re: lunch break

It really depends upon what you are required to do in remaining on the premises. The rule of thumb is that you should be paid for this time if you are "engaged to be waiting" but not if you are "waiting to be engaged."

This is not as simple as it seems. However if you are there largely for the employer's benefit, they may be required to compensate you for this time.

If they are so required, this could impact whether you should be paid overtime. Under the FLSA an employer is required to pay all non-exempt employees time and one half of their regular hourly rate for all hours above 40 worked in a week.

If you have additional questions regarding this issue, you can seek an attorney's advice, contact the Department of Labor, or go to their website at dol.gov

Re: lunch break

There is no real easy answer to your question. But here goes. There truly is not a law regarding meal or lunch breaks. The Fair Labor Standards Act (FLSA) and cases have revealed that if a break is for 20 minutes or less, an employee should still be paid.

In your case, the 30-minute break is off-the-clock so you are technically free to engage in your own personal activities since you are not working.

However, employment for a company is an agreement. You agree to do work and they agree to pay. An employer can add terms and conditions for employment like "staying on the premises for breaks." So it truly is not a legal issue this is an agreement issue. If you want to continue to work for the employer you will comply with this term. If not, you can terminate the employment for better terms with a different employer.

If you would like to discuss this more, you can contact me.