Forced to Skip Breaks at Work? Know Your Rights in Florida

Working long shifts without a break can be tough, but in Florida, it’s not always against the law. Unlike some states, Florida doesn’t require private employers to provide meal or rest breaks for adult employees. However, certain federal protections may still apply in limited situations.

Here’s what you need to know about work break laws in Florida and what your options may be if you’re being treated unfairly.

Florida Doesn’t Require Meal or Rest Breaks for Adults

Many employees are surprised to learn that Florida does not have state-specific laws requiring employers to provide meal breaks or rest periods for adult workers. Unlike states such as California, Colorado, and Kentucky, which mandate paid rest periods, Florida defers to federal guidelines on this issue.

This means that under Florida law:

• Employers are not required to provide meal breaks
• Employers are not required to provide rest breaks
• No state law specifies minimum break lengths

However, this doesn’t mean your employer can simply deny you all breaks or fail to pay you properly when you do take certain types of breaks.

Federal Protections That Apply in Florida

While Florida doesn’t have state-specific break requirements, federal law—specifically the Fair Labor Standards Act (FLSA)—does provide some important protections:

Short Rest Breaks (5-20 minutes)

• If your employer offers short breaks, typically lasting 5-20 minutes, these are considered compensable work hours
• These short breaks must be counted in your total hours worked
• They must be included when calculating overtime

For example, if you work an 8-hour shift with two 10-minute breaks, you must be paid for the full 8 hours, not 7 hours and 40 minutes.

Meal Breaks (30 minutes or longer)

• Employers are not required to provide meal breaks
• If your employer does offer meal breaks of 30 minutes or longer, the employer doesn’t have to pay you for this time
• However, this applies only if you are completely relieved of your duties during the break

If you’re eating lunch while continuing to work—answering phones, helping customers, or performing other duties—this is not a true meal break, and you must be paid for this time.

When Break Violations Occur

Even with these limited protections, we regularly see several types of break violations in Florida workplaces:

“Working” Through Unpaid Meal Breaks

One of the most common violations occurs when employers automatically deduct meal breaks from employees’ time, even when employees work through these breaks. If you’re:

• Required to stay at your desk during lunch
• Expected to answer phones while eating
• Handling customer inquiries during your “break”

Then you’re not truly on a break and must be paid for this time.

Unauthorized Break Extensions

If you extend an authorized break without permission, your employer doesn’t have to count the extra time as hours worked, but only if:

• They’ve clearly communicated the authorized break length
• They’ve explicitly stated that extensions are against company rules
• They’ve made it clear that extending breaks will result in discipline

Breaks for Nursing Mothers

Federal law requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth. Employers must also provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

Industries Where Break Violations Are Common

In our practice, we’ve noticed certain industries where break violations occur more frequently:

• Restaurants and food service
• Retail stores
• Healthcare facilities
• Call centers
• Warehouses and distribution centers
• Manufacturing plants

Employees in these industries often face pressure to skip breaks or work through meal periods, especially during busy times.

What to Do If Your Break Rights Are Violated

If you believe your employer is violating federal break laws, you have several options:

1. Consult with an Employment Attorney

An experienced employment attorney can evaluate your case, advise you on the strength of your claim, and help you pursue all available remedies.

2. Document the Violations

Keep detailed records of:

• When you were denied breaks
• When you worked through meal periods without compensation
• Any conversations with management about break issues
• Names of witnesses who can verify your claims

3. Review Your Employee Handbook

Check your company’s written policies regarding breaks. If your employer has promised breaks in their handbook or other documentation, they may be obligated to provide them, even though Florida law doesn’t require them.

4. Discuss the Issue with HR

Before taking external action, consider discussing the matter with your supervisor or human resources department. Some break violations result from misunderstandings rather than intentional wrongdoing.

5. File a Complaint

If internal attempts at resolution fail, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which enforces the FLSA. The statute of limitations for FLSA claims is generally two years, or three years for willful violations.

Potential Compensation for Break Violations

If your employer has violated federal break laws, you may be entitled to:

• Back pay for unpaid work time
• Overtime compensation, if applicable
• Liquidated damages (equal to the amount of back pay)
• Attorney’s fees and court costs

Common Employer Defenses

Employers commonly defend against break violation claims by arguing that:

• The employee voluntarily worked through breaks
• The employer had no knowledge that the employee was working during breaks
• The employee failed to follow proper procedures for reporting work during break times

These defenses can sometimes be overcome with proper documentation and witness testimony.

Know Your Rights and Stand Up for Them

While Florida’s break laws may not be as protective as those in some other states, you still have rights under federal law. Understanding these rights is the first step toward ensuring you’re treated fairly in the workplace.

If you’re being forced to skip breaks, work through meals without pay, or face other break-related issues, contact BT Law Group for a consultation. Our experienced employment attorneys can help you determine if your rights have been violated and what remedies may be available to you.