Legal Question in Employment Law in Florida

Punching out for breaks

I was hired 3 years ago as a full time employee, scheduled 7am-3pm. Recently, a memo was sent out stating anyone who works more than 6 hrs MUST punch out and take a thirty minute lunch break. There is, however, an alternative. If you do not wish to take a full thirty minuted, you MUST clock out for no less than 6 minutes and punch back in. It has been my understanding that in our state, we are legally entitled to two fifteen minute breaks on the clock. At my place of employment (A hotel) taking those two fifteen minute breaks are not always possible. My argument is we are now being forced to punch out for a break, regardless if we receive our entitled breaks. We are only scheduled 8 hrs, so this time can rarely be made up. This adds up to 30 minuted we are being ripped off of on our checks each pay period. Can our boss enforce this?


Asked on 11/24/04, 10:46 pm

2 Answers from Attorneys

Moses Williams Moses E. Williams, Attorney at Law

Re: Punching out for breaks

You will need to file a wage claim case against your employer. I am available to assist you with the case.

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Answered on 11/25/04, 11:31 am
Keith Stern Shavitz Law Group

Re: Punching out for breaks

This practice is an apparent violation of the Fair Labor Standards Act, as you are probably owed overtime wages. Please contact us at 561 447 8888 to make an appointment or reply to me directly at [email protected] for help.

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Answered on 11/27/04, 10:37 pm


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