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mandatory meal breaks Florida

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  • mandatory meal breaks Florida

    my employer makes it mandatory that we take a 30 min meal break when working 6 -8 hour shifts. I work 16 hour shifts and am required to take 2 30 min meal breaks. This requires clocking out and back in each time. So i am off the clock, but I am told that I cannot leave the facility. When I question my supervisor about this I'm told, "you don't want to go there". Is this legal? Can my employer MAKE me clock in and out for a meal break and then tell me I HAVE to stay in the facility? I thought if i was off the clock it is MY time to do what I want.

    Also, we are going to a smoke free facility and I just found out that smokers can go outside the fence to smoke on their meal breaks but i will not be able to because i will be out of hearing range of the intercom. Is this not discrimnation?

    Thanks
    S

  • #2
    Das ist in der Doktor!

    Originally posted by amoralangel View Post
    my employer makes it mandatory that we take a 30 min meal break when working 6 -8 hour shifts. I work 16 hour shifts and am required to take 2 30 min meal breaks. This requires clocking out and back in each time. So i am off the clock, but I am told that I cannot leave the facility. When I question my supervisor about this I'm told, "you don't want to go there". Is this legal? Can my employer MAKE me clock in and out for a meal break and then tell me I HAVE to stay in the facility? I thought if i was off the clock it is MY time to do what I want.

    Also, we are going to a smoke free facility and I just found out that smokers can go outside the fence to smoke on their meal breaks but i will not be able to because i will be out of hearing range of the intercom. Is this not discrimnation?

    Thanks
    S
    No.
    Smokers are not a protected class,
    a dieing breed perhaps,
    but not a protected one under the law.

    ..________________
    ~ Helping rid the world of stupidity,
    …starting with my own.

    Comment


    • #3
      If we are talking federal law only (FLSA), requiring the employee to remain on the premises during lunch is legal. If the employee is otherwise relieved of all job duties during lunch, having that time unpaid is also legal.

      Your state is not my state, but FL is generally considered to be a "just like federal" state and as far as I know FL follows the federal rules in this area. Hopefully if I am wrong someone who knows more about FL rules will jump in.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        In every state, an employer can require an unpaid meal break. Only a very few states require that the employee must be allowed to leave the premises during that break if it is to be unpaid. Florida is not one of those very few states.

        On the smoke break question, unless you are being singled out on the basis of a characteristic protected by law, it may be discrimination but it is not illegal discrimination.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment

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