Work Labor Law With Breaks In Miami-Dade
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FAQ
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.
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.
The state of Florida has no daily work hours limit, so employees can work as much as they want. However, if an employee works more than 40 hours in a workweek, they are entitled to overtime compensation — unless they are exempt.
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.
