What is the law concerning rest breaks?
In Florida, employees who work for four or more hours in a shift are legally entitled to a 30 minute uninterrupted rest break. This break must be taken during the middle of the shift, as determined by the employer. The rest period must not be used for any work-related activities. Employees may not be required to stay on the premises during their break, and they may take the time to eat, rest, or take care of personal matters. Employees who work for more than six hours in a shift are also entitled to a second 30-minute break. This second break does not have to be taken during the middle of the shift, but must be taken before the end of the employee’s shift. Employers also cannot count the time the employee spends on their rest break against the employee’s work hours. This means that employers must provide the appropriate pay for all hours worked, even if the employee is on their rest break. If the employer fails to provide rest breaks or counts the breaks against work hours, the employee may be able to take legal action. Employees should contact the Florida Department of Business and Professional Regulation if they believe their employer is not giving them their required breaks.
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