Florida Break Laws

November 28th 2025

Under Florida labor laws, employers are not required to provide most employees with rest or meal breaks. However, such breaks can be provided at the employer’s discretion and must follow some federal guidelines if so. 

This guide clarifies how break laws work in Florida, covering rest breaks, meal periods, protections for nursing and minor employees, and the consequences of non-compliance.

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Rest Breaks in Florida

Employers are not required to provide rest breaks to adult employees under Florida break laws.

However, if an employer covered by the federal Fair Labor Standards Act (FLSA) chooses to offer rest breaks of five to 20 minutes, they must pay employees for the duration of the break. 

These rest breaks count as hours worked for weekly hours and overtime pay calculations in Florida. They can’t be offset against waiting, on-call, or other compensable work hours.

Meal Breaks in Florida

There is no requirement under Florida labor laws to provide meal breaks to adult employees.

If employers covered by the federal FLSA voluntarily offer meal breaks, some guidelines apply:

  • These breaks must last at least 30 minutes to be considered bona fide meal periods. Shorter breaks may count under special conditions.
  • Meal periods are typically unpaid.
  • Employees must be fully relieved of all job duties. If they must perform any tasks (such as answering calls), the break becomes paid working time.
  • Employers don’t have to let employees leave the work premises if they allow an uninterrupted meal period.

Breastfeeding Breaks in Florida

Most employees in Florida are entitled to reasonable break time to express milk for one year after childbirth, under the federal FLSA and PUMP Act protections. Employees may take this break each time they need to pump at work.

Employers must also provide a private, non-bathroom space that is shielded from view and free from intrusion.

While breastfeeding break time does not have to be paid, employees must be completely relieved from all job duties during this time. If an employee continues working while pumping, the time must be treated as paid work time.

Employees may also use their existing paid breaks for breastfeeding. In such cases, they must be compensated the same way others are paid for those breaks.

Some employees are exempt from federal nursing employee protections, including some airline, railroad, and motorcoach carrier employees. Additionally, employers with fewer than 50 employees may qualify for an exemption if compliance would cause an undue hardship to their business operations.

Breaks for Minor Employees in Florida

Employers are required to provide minor employees a 30-minute meal break after they work four consecutive hours under Florida break laws. Here are some rules that apply:

  • Minors 15 and younger must be given at least a 30-minute meal break when they work for four consecutive hours. Any break shorter than 30 minutes does not count.
  • Minors aged 16 and 17 who work eight hours or more in a day must also get at least a 30-minute meal break after working four continuous hours.

Under Florida break laws, some minors are exempt from breaks if they:

  • Have graduated from high school or received a high school equivalency diploma.
  • Hold a certificate of exemption issued by the school superintendent.
  • Face hardships like financial need or a family emergency, upon approval from the school superintendent (or a designee).
  • Participate in certain approved home education or virtual instruction programs.
  • Work in private domestic service or for their parents.

Know your rights as a salaried employee in Florida.

Penalties for Violating Break Laws in Florida

Employers who violate Florida’s child labor laws regarding employment, work hours, or breaks may face civil fines of up to $2500 per violation. Penalties increase based on how serious or repeated the violations are, especially if a minor’s health or safety is at risk.

It is illegal for an employer to fire, demote, or retaliate against an employee for requesting or using breastfeeding breaks under the FLSA protections. Employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or pursue a lawsuit.

Employers who violate an employee’s right to reasonable break time and space to pump may be required to provide:

  • Reinstatement or promotion.
  • Payment of lost wages plus an equal amount in liquidated damages.
  • Compensatory damages and make-whole relief.
  • Punitive damages.

Lastly, if an employer covered by the FLSA provides rest breaks, an employee cannot extend the authorized break time. Any extended hours will not be counted as hours worked and may also lead to disciplinary action under the FLSA guidelines.

Explore the penalties for violating Florida labor laws in detail.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.