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.
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