Q:  Where I work, we’re allowed a paid 15-minute break in the morning and another in the afternoon.  I think we’re lucky because I know that -even though they’re required to give us a break after 4 hours on the clock- they’re not required to pay us for it.  My co-worker says they’re required to do both because we are actually entitled to a paid 15-minute break every 4 hours.  Who’s right?

A:  If you work in the private sector in Florida, you are both wrong.  Although hard to believe, there is no Federal law requiring an employer to provide a break (paid or unpaid) after working ANY number of hours.

Some states do mandate a paid 10-minute break after 4 hours (CA, CO, KY, NV, OR, WA) but Florida isn’t one of them.

This misconception is common, and I encounter it often in my HR practice, whether talking to employees or employers.

We all make assumptions about work based on our life experience and anecdotal knowledge.  And I think this “paid-break-requirement” fallacy originated because many people in Florida relocated from other states that grant employees more rights, or come from Northern states with strong unions whose contracts usually include break requirements; and that’s what they know.  It’s no wonder the “break myth” was born.

Plus, the myth sort of makes intuitive sense. After all, a person can’t be expected to work for eight hours straight, right?  Well, strictly speaking, yes they can.  And there’s no Federal law against it.  And –stay with me on this– in some instances, it’s the employee who prefers it that way.   Let me explain.

In a production environment where workers were given a choice between taking an unpaid 30-minute meal break (lengthening time at work to 8.5 hrs), or skipping the meal break and going home 30 minutes earlier, most workers –especially the night shift– preferred to work straight through.   Of course, those are special circumstances.

In most work settings, even though it would be legal to not give employees breaks and lunches, it wouldn’t make sense.  Employers want employees to be happy, well-rested and productive.  This is why most companies have a policy similar to yours: A couple of paid breaks and an unpaid lunch period.  But none of it is legally required.

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