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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
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. Title 31, 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.
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. Title 31, 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.
Vacation
Florida has no laws requiring employers to provide employees with vacation benefits,
either paid or unpaid. Florida’s Legislature and its courts are silent regarding any
obligation an employer may have regarding vacation leave, including whether an employer
must pay an employee accrued vacation leave upon separation from employment. Due to
the silence of Florida authorities on the matter of vacation leave, it is likely employers are
free to establish the vacation leave policy of their choosing. An employer would be required
to comply with the terms of a valid employment contract containing vacation leave
provisions.
Florida has no laws requiring employers to provide employees with vacation benefits,
either paid or unpaid. Florida’s Legislature and its courts are silent regarding any
obligation an employer may have regarding vacation leave, including whether an employer
must pay an employee accrued vacation leave upon separation from employment. Due to
the silence of Florida authorities on the matter of vacation leave, it is likely employers are
free to establish the vacation leave policy of their choosing. An employer would be required
to comply with the terms of a valid employment contract containing vacation leave
provisions.
Sick Leave
In Florida, employers are not required to provide employees with sick leave, either paid or
unpaid. If an employer chooses to provide sick leave benefits, it must comply with the
terms of its established policy or employment contract.
An employer in Florida may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
In Florida, employers are not required to provide employees with sick leave, either paid or
unpaid. If an employer chooses to provide sick leave benefits, it must comply with the
terms of its established policy or employment contract.
An employer in Florida may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Severance
Florida law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Florida law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Florida law does not require employers to provide employees with either paid or unpaid
holiday leave. In Florida, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Florida law does not require employers to provide employees with either paid or unpaid
holiday leave. In Florida, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Florida's current minimum wage rate is $7.67. FL Agency for Workforce Innovations.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. FLSA: Minimum Wage. Some employers and
employees are exempt from the federal minimum wage law. FLSA: Minimum Wage.
These same exemption apply to the Florida minimum wage, as well. FL Agency for
Workforce Innovations.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Florida, Florida's
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Florida's current minimum wage rate is $7.67. FL Agency for Workforce Innovations.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. FLSA: Minimum Wage. Some employers and
employees are exempt from the federal minimum wage law. FLSA: Minimum Wage.
These same exemption apply to the Florida minimum wage, as well. FL Agency for
Workforce Innovations.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Florida, Florida's
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Florida does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
Florida does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or for
serving on a jury.
Florida Stat. 40.24
An employer may not discharge, penalize, threaten, or otherwise coerce an employee
because the employee receives or responds to a summons or serves as a juror.
Florida Stat. 40.271
An employer is not required to pay an employee for responding to a jury summons or for
serving on a jury.
Florida Stat. 40.24
An employer may not discharge, penalize, threaten, or otherwise coerce an employee
because the employee receives or responds to a summons or serves as a juror.
Florida Stat. 40.271
