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Mandatory lunch break for employee's health and safety Florida

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  • Mandatory lunch break for employee's health and safety Florida

    As an employer can I require that an employee take a lunch break?
    I have an hourly employee who works outdoors (it is HOT here in FL)
    He will work all day and say he didn't take a lunch break (I am not on the job site with him to witness one way or the other).

    I am concerned for him doing this and expect for his own health and safety with this heat etc that he is taking a lunch break.
    Can I have a policy that for any shift over 6 hours he must take a lunch break and he can not come back in to the shop at the end of the day and write down no break. Can I make it policy that since a lunch break is always required and assumed that if he does not write one on his timecard, one will be deducted anyway?
    I have read a policy like this in an employee handbook before but I do not want to assume that just because someone else did it that it is legal.

    Thank you.

  • #2
    Yes, even if your state does not require lunch breaks, you can require them. If this is a non-exempt employee, you cannot deduct from his salary for not taking it (a non-exempt employee has to be paid for all hrs. worked) but you can discipline him up to & including firing him for not taking the required break.
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