Largo, FL asked in Employment Law and Employment Discrimination for Florida

Q: Is my employer allowed to require a mandatory unpaid 30-minute break in the state of Florida?

I currently work for a remote company and I reside in the state of Florida. I have been working for this company for a few months and the only break given was a 20 minute paid break for an 8-hour shift. They now sent out a form to sign stating that we must take a 30-minute unpaid meal break, even if my state does not require it, a few months ago I even asked my supervisor if it was required for me and they told me it was not required. now they also have taken 1 hour off my normal 40 hour week due to hours being cut and an additional 2 1/2 hours off for meal breaks, I am now only getting paid for 36 1/2 hours a week. My question is, is it legal for them to make a 30-minute unpaid break mandatory?

2 Lawyer Answers
Rhiannon Herbert
Rhiannon Herbert
Answered
  • Employment Law Lawyer
  • Columbus, OH

A: Yes. However, if you are required to do any work during this 30-minute break, you must be paid for this time and your employer cannot deduct it.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Employment Law Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Yes. Florida law does not require Florida employers to give employees any breaks, period. Some do, some don't. They get to decide. Why?

Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”

They also get to establish their work schedule and assign working hours to employees and make all other decisions.

The only thing employers cannot lawfully do is to make any of these employment decisions solely based upon the employee’s race, gender, age, national origin, handicap, disability, religion, or whether single, married, or pregnant.

P.S. Most employers have gone to a 37.50-hour work week to eliminate the possibility of overtime too.

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