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Lunch break issue Florida

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  • Lunch break issue Florida

    I work security at a hospital and am required to stay on site throughout my 12 hour shift in case of any emergency situations that may arise. During my 30 min unpaid break I have to constantly monitor my radio and answer calls if no one else is available. We have also been advised by our supervisor that because of our need for response to emergency situations that we cannot clock out and leave property for our lunch breaks, but even with all this we are still having 30 minutes deducted from our pay. After researching many of the responses here and in other areas I have come to the understanding that this is not legal. What can I do to correct this without possibly suffering termination, since Florida is a Right to Work state? Thank you in advance for your time...

  • #2
    Right to work means that you cannot be required to join a union to get work. It has nothing to do with this situation.

    Under both state and Federal law, if you are not completely relieved of duty, you cannot be docked pay. However, in your state, there is no state DOL and the laws have few if any teeth. You would be better off filing a claim under the US DOL.
    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.

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    • #3
      relating to the previous question, is it legal for the employer to tell you that Florida labor law requires its employees to take a 30 minutes unpaid break? I, for one, would like to elect to not break and to continue working. Company policy does not mandate unpaid breaks, it only regurgitates federal law on the subject. Please advise on how to proceed Thanks!

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      • #4
        It is not illegal for the employer to be mistaken about the law, or even purposely tell you the law requires something when it does not. Your employer, however, seems to be not "regurgitating" but making it up.

        Having said that, if the employer requires you take a meal period, you take one, however wrong or misguided their reasoning for such a requirement might be.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Under Fed law if you work over 40 hours in a work week you must be paid time and one-half if you are employed by an enterprise engaged in commerce and you are not exempt. You must be relieved of all job duties for the employer to deduct the 30 minute lunch break. So, if you add 30 minutes for each workday and than number comes to over 40, you are owed overtime.
          Nothing in this post is intended as legal advice. Any advice, citation or analysis contained herein is intended soley for discussion purposes only. If you have concerns regarding your rights under the law, you should consult an attorney.

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          • #6
            Which has what to do with the employer requiring an employee to take a break that is not required by law?
            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.

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            • #7
              An employer cannot require an employee to clock out for any period and continue to work. If the employer is deducting 30 for lunch break each day, even though the employee is requried to work through lunch, the 30 minutes for each deduction must be added to the total hours work. If over 40, then there is a claim for OT. If under 40, then the claim is for minimum wages.
              Nothing in this post is intended as legal advice. Any advice, citation or analysis contained herein is intended soley for discussion purposes only. If you have concerns regarding your rights under the law, you should consult an attorney.

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              • #8
                We know all that. The violation is the failure to pay for all time worked (be it straight-time or overtime).
                Last edited by Pattymd; 12-12-2008, 06:48 AM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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