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Posted: 4/1/2002 8:53:56 AM EDT
ok guys and gals.......here is the dilemma..i hope someone can help. i have searched as best i can to no avail on the internet on sites such as florida department of labor, and megalaw.com, etc. i am a manager in a retail store, and we have an ongoing management/employee debate regarding required rest/meal breaks during a work shift. i am already aware that there is NO federal law requiring said breaks, but i do know that florida has a state law regarding the granting of lunch breaks, but no "rest breaks." my main point of interest is the following: how many hours does an employee have to work before i am required to give them a "meal break," AND (very important) do the hours have to be worked consecutively? for example: if John is scheduled to work from 5pm to 11:30pm, is he entitled by law to a "meal break?" also, if my company decides to give people 10 minute "rest breaks" does this interrupt the required timeline for his/her "meal break?" my understanding is there is a 4 hour work requirement for a "meal break." if i give him/her a 10 minute break anywhere prior to the end of 4 consecutive hours, does that mean i dont HAVE to give a "meal break?" if possible, please include any applicable web links in your responses, as i need to take this to work, and shove it down my bosses throat! sorry for being so longwinded and repetitive, not to mention all the "" [:)]
Link Posted: 4/1/2002 9:15:15 AM EDT
Instead of worrying about what you have to give them.Why dont you give them whats fair.Would you like to work 6 hours without sitting down once,or eating.don't let them abuse it either.I care about the 5 people who work for me.I dont bird dog them and they make me money.
Link Posted: 4/1/2002 9:27:13 AM EDT
SC labor law states that, during a 8-10hr workday the employee must be granted 2 15 mintue breaks and 1 30 minute meal. the spacing, usage is left to the company to define. But the breaks/meals MUST be granted. here we can take a 1hr lunch, 30 min lunch +2 15 min breaks, ect. as i understand it other states that have the required meal/breaks leave it up to the company to schedual the use of them. but dont try to dick around with it, you could land your company in a serious lawsuit and get yourself a pink slip+boot print.
Link Posted: 4/1/2002 9:31:49 AM EDT
armalite-fan, first, let me say "thanks" for taking the time to respond. second, i understand/agree completely with your concern for fairness, and have no intention of working someone 5 or 6 hours without any type of break. however! the reasoning behind laws is simply that what you and i may think is fair has no relevance to the employee/employer relationship. the laws regarding these issues clearly spell out the requirements and understanding so there can be no misconceptions or misunderstandings. to operate solely on what "i thought was fair" would leave me wide open for discrimination or harassment complaints, because i may not think the same rules are fair for different employees. not trying to flame or be argumentative...just need to know the black and white law on the subject so that it can be applied evenly to all employees.
Link Posted: 4/1/2002 9:32:16 AM EDT
Link Posted: 4/1/2002 9:52:31 AM EDT
I can't find anything in federal or Florida law that requires any type of break for any amount of hours worked in one day. Just because I can't find it doesn't mean it isn't there. Here are the relevant Florida statutes: [url]http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXI#TitleXXXI[/url] And here are the federal statutes: [url]http://uscode.house.gov/title_29.htm[/url]
Link Posted: 4/1/2002 9:56:36 AM EDT
Originally Posted By thedave1164: I believe that federal law requires one 30 minute unpaid meal break per 8 hour shift. No other breaks are required. Treat them better than you would want/expect to be treated.
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there is no federal law about breaks/meals. some states have them some dont. those that dont, be glad the company gives you something.
Link Posted: 4/1/2002 10:37:13 AM EDT
Originally Posted By NOVA5: there is no federal law about breaks/meals. some states have them some dont. those that dont, be glad the company gives you something.
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Or go work for someone who treats you well. It is a free country after all. We don't want to end up like Japan or Europe with jobs for life and mandated everything, do we? Looking at the federal and Florida statutes, I was disgusted to see how much labor regulation we do have.
Link Posted: 4/1/2002 10:44:52 AM EDT
You might find this helpful: [url]http://www.ewin.com/articles/restper.htm[/url] That website basically says the same thing I found, that there is no federal or Florida law regarding meal or rest breaks. But it lists some of the other states which do have such laws.
Link Posted: 4/1/2002 2:21:28 PM EDT
Call your DOL and have them send you some info. County Courthouse should have copy of statutes. Not from Fl. but seems you have to pay for lunch and breaks if people required to work per Fed. Think too depends if State uses Fed. laws or has their own which have to be equal or better than Fed.
Link Posted: 4/1/2002 3:49:16 PM EDT
Originally Posted By cdyow: the laws regarding these issues clearly spell out the requirements and understanding so there can be no misconceptions or misunderstandings.
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Obviously not so clearly... [:)]
Link Posted: 4/1/2002 4:12:52 PM EDT
[Last Edit: 4/1/2002 4:13:35 PM EDT by muzlblast]
Can't quote any laws but I believe two 15 minute breaks and a 30 meal break are required by law for an 8 hour shift. My wife uesd to be a manger for BK and I remeber her talking about this. Also when I was a huorly guy in a factory that's how it was. Hope this helps.
Link Posted: 4/1/2002 5:33:47 PM EDT
try this:http://www.myflorida.com/myflorida/home.html
Link Posted: 4/1/2002 8:36:54 PM EDT
thanks very much for everyone's help... i greatly appreciate it. i have decided to go straight to my state's governing body, via email, fax, and phone. as DSCOTT pointed out, this turns out to be another example of something that should be clear and simple being anything but. guess i will eat before going into work tomorrow! [:)]
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