Employment Law With Breaks In Miami-Dade
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FAQ
This is true even if the employee is not actively working and is simply on duty in case someone calls or an emergency comes up. Importantly, employers cannot automatically deduct meal breaks from an employee's hours worked if an employee chooses to work through the meal break.
Ing to the Department of Labor (DOL) and the Fair Labor Standards Act (FLSA), it is legal for employers to automatically deduct lunch time. That is, of course, if the employee actually takes lunch.
It is not legal in the US per OSHA regulations for an employer to work an employee 8 hours without a scheduled break. In fact, the OSHA rules are to be posted in every break room.
In the Sunshine State, there is no requirement for an employer to provide a meal period or rest break to its employees aged 18 or older. Instead, employers must adhere to the requirements of the federal Fair Labor Standards Act (FLSA), which also does not mandate a meal or rest break.
Yes, you can bring a legal claim associated with the employer not providing you with a reasonable opportunity to take your meal or rest periods.
Trust me, this is a very common question and many like you are surprised that there is no federal law requiring that employees be given breaks in the United States. An employer has the right to make you work 12 hours without a break or even 16 hours.