Can My Employer Ask Me to Skip My Meal Break?
For hourly wage and other non-exempt employees, a meal break often feels a necessity to get through a long shift or workday. Yet for most employees in Florida, there is no law that entitles them to a meal break. The federal Fair Labor Standards Act (FLSA) governs break requirements in Florida and many other states without state-specific laws, and the FLSA does not require a meal period for most employees. What the FLSA does require, however, is that when meal periods are offered by an employer, that the employee can use that time however they wish and cannot be required to perform work tasks (or else the meal period must be compensated). With all of this in mind, can your employer ask you to skip your meal break?
In most circumstances, yes, but it depends, and there are important caveats to know about. Our Palm Beach Gardens wage and hour lawyer can explain in more detail, and we can discuss your particular circumstances today if you have any questions.
Meal Breaks Required for Minors
Meal breaks are not required under Florida or federal law for employees in the Palm Beach Gardens area or elsewhere in South Florida, but this is true only for adult workers. Employees who are aged 17 and younger must be provided with a meal break of 30 minutes for every four hours of continuous work they do. This applies to employees who are still high school students and who work on a part-time basis during the school year or on a full-time basis over summer break, as well as to regular full-time employees aged 17 and younger who are not in school.
Meal Breaks Can Be Waived But Must Be Compensated Time
For other employees whose employers have a policy that provides meal breaks, it can be lawful to waive your meal break, but there is an important caveat: you must be paid for that time. When a meal break is offered by an employer, it must be the employee’s time alone — the employee cannot be asked to perform any work tasks during that period. Otherwise, the employee must be compensated.
Accordingly, whether you work for just a short portion of your meal break or for the entire meal break, your employer owes you for the time and a lawyer can help you to seek the wages you are owed. Often, employers want to remedy their errors quickly, and our firm can help you to get back wages relatively speedily. But even if an employer disagrees, we can help you to file a formal wage theft claim.
Contact Our Palm Beach Gardens Wage and Hour Law Attorneys
Were you denied pay for a meal break you agreed to skip? Or were you (or your teenager) denied a meal break that is required for a minor who works more than four continuous hours? Whether you are owed for just a few hours’ time or much more, it is important to hold the employer accountable and to find out more about your options for obtaining the wages you are owed. One of the experienced Palm Beach Gardens wage and hour lawyers at Sconzo Law Office can speak with you today. Contact us to learn about how we can help with your case.
Source:
dol.gov/general/topic/workhours/breaks
