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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I live in Florida. The office next to mine denies employees

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I live in Florida. The office next to mine denies employees time off for vacation, paid or not paid. She also pays them salary but the employees work 9-6 with no lunch break, Monday-Thursday and 9-3:00 ( or later) on Fridays. She now tells them that the schedule is changing and they will work 9-6 on Fridays as well. Shouldn't she have to pay them overtime.

Thank you for your question.

Generally, an employer in Florida is not required to provide any breaks or lunches to salaried employees. Further, salaried employees are not entitled to overtime pay.

Florida employers must grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Florida Stat. 450.081(4).

Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.

The only way this may be challenged is for the employee to challenge its status as an exempt employee and argue that the salary is really hourly wages and they are misclassified as a salaried employee.

Please let me know if you have further question. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
Customer: replied 4 years ago.
Thank you. What if a salaried employee is working over 40 hours per week and Their salary breaks down to less than minimum wage? This office is a medical office.
There is no clear cut rule on this. Even if the salary breaks down to below minimum wage, the determination of whether the employee is exempt from overtime laws or not is determined on a case by case basis.

Challenges to such status should be made at the United States Department of Labor office nearest you.
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