Legal Question in Employment Law in Florida

Overtime Laws in Florida

Recently, I learned that my employer deducts 30 minutes from my time card if I don't ''clock out'' for lunch. Working through the day without a lunch break has, and is permitted and practised routinely. I was told that this is ''company policy'' although NO policies are posted or officially communicated to employees. When I inquired about this practise I was told that this is allowed in Florida. Doesn't this violate the FLSA's provisions on overtime pay when employee's are ''suffered or permitted'' to work?


Asked on 5/28/01, 8:38 pm

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Overtime Laws in Florida

It is not allowed, whether there is a written or posted policy or not. Your analysis is correct, but it may not entitle you to overtime unless 40 hours are exceeded in a workweek. But you must be paid for each hour or fraction that you work or are suffered to work.

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Answered on 6/26/01, 3:33 pm


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