I have a friend that works for a local franchise. She is 17. A few days before school started back, she was scheduled to work a 10 hour shift. To our understanding, she couldn't work more than 4 strait hours without a break. She worked 6 before she asked for the break. The manager told her she would not be getting a break because we didn't have enough people. She called her mother to let her know she wouldn't be coming home for her break. The manager said,"If it's that important to you, go on break!" She did.

I approached the owner of the franchise about what happened and he said," Technically,during summer, we don't have to give minors a break." I was under the impression that the law applied year round.

The next day she worked(which was on a Friday), she was given a break after being there for an hour and a half. This was done clearly out of spite. But the problem here lies in the fact that she was made to work another 8 hours without a break.

And just last night, she went in at 4 and was scheduled to get off at 9. They let her off at 8:30 and did not give her a break. That's 4 and a half hours.

In Florida, after you turn 18, you don't have a legal right to a break. My friend just wants to take the breaks the law has provided while she can.

My questions are 1) Do the child labor laws according to breaks apply throughout the year? 2) Since the second incident happened on a Friday, do the laws change? 3) Can my friend take legal action against the franchise owner? 4)What kind of documentation should she have in hand when pursuing this?

I found this on a different law forum, unfortunately the link to the site it supposedly came from didn't work so I couldn't verify it as accurate.


For minors 16 & 17, the allowable work hours are: 30 hours a week when school is in session; eight hours per day between 6:30 a.m. and 11:00 p.m. if school is scheduled the following day. There are no limitations on hours worked when school is not scheduled the following day or during holidays and summer vacation.

Breaks:

Minors are not permitted to work for more than four hours without a 30-minute, uninterrupted meal break. This applies throughout the year.

My son was terminated because they said he had been clocking in 2 to 5 minutes early before his shift started. This was only a tactic because the real reason they fired him was because they were not willing to work around his Marching Band Schedule. The manager informed him of this after he had him sign a form under distress and then told him the real reason why. My son has been working there since he was sixteen years old. He just turned 17.

There are many nights I pick him up after 10 p.m. and ther was even incidents at 11:50 p.m. Do I have any rights. He has been transporting stock on the service elevator when it clearly states you have to be 18 to ride the service elevator. When he question the manager, he told him not worry about it.

Thanks

:confused:

Posting this three times is not going to change the answer. :)

Thank you very much, but I'm not looking to change my answer by posting it 3 times. I'm new to this foroum so I was little confuse. It's call being human