Human Resource Blog

Florida Breaks

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Is there a minimum number of breaks required in Florida for shit that are 12 hours or more? Reason I ask is I regularly work up to 12 hour shifts, but often the iex group do not schedule me a break until almost half my shift is done, leaving me a lunch two hours or more later and a break right close to closure of my shift. Am I entitled by FLSA to get an earlier break time than the halfway mark of my shift or is that completely up to the employer?

Breaks for workers in Florida are entirely up to the employer. In fact, as long as the employee is over 18, the employer could have him or her work 12 hours with no breaks.

The timing of your breaks is annoying, and the employee would be well within his or her rights to talk to the people scheduling the breaks about it. But the employer is not breaking any law.

Neither the federal Fair Labor Standards Act (FLSA) nor the Florida minimum wage law require the employer to give any breaks, even on a 12-hour shift. There is no other

Florida statute that requires breaks for workers. This includes both short rest breaks and a meal break.

Under Florida child labor law, workers under the age of 18 must have a 30-minute uninterrupted break after working for 4 hours. However, this law does not apply to workers over the age of 18.

The FLSA does specify that workers will be paid for breaks that are shorter than 20 minutes, IF the employer chooses to give such short “rest” breaks. But, the law doesn’t require breaks for workers over the age of 18.

The FLSA also requires that employees be paid for longer meal breaks, if the employee is not completely relieved of all duties. Again, however, employers are free to not give such breaks if they prefer.  

Other federal agencies sometimes set break requirements for certain occupations. For example, the Department of Transportation sets break requirements for truckers, and OSHA sets break requirements for workers operating some types of machinery. However, there is no indication that either applies in this case.