Last verified October 26, 2026 · How we verify

Florida break laws

Florida sets no break rules of its own. What federal law still requires, how overtime and teen work hours are limited in Florida, and where to complain.

Florida has no state law requiring meal or rest breaks for adult workers, so breaks are up to your employer. Federal pay rules still apply to any break you do get. Overtime is due after 40 hours in a workweek, the federal rule; there is no daily overtime.

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Meal and rest breaks

Florida has no state law requiring meal or rest breaks for adult private-sector employees. It is not listed in the U.S. Department of Labor's tables of state meal-period and rest-period laws, which list every state that has one.

“States not listed do not require paid rest periods.”

So only the federal rules apply. Federal law does not require meal or rest breaks. Short breaks (about 5 to 20 minutes) that an employer gives count as paid work time; meal periods of 30 minutes or more can be unpaid if the employee is completely relieved of duty.

“Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry”— 29 CFR 785.18-785.19 (rest and meal periods)

Verified October 26, 2026 · Sources (DOL tables last revised January 1, 2023): U.S. DOL, Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector; U.S. DOL, Minimum Paid Rest Period Requirements under State Law for Adult Employees in Private Sector

Overtime

Overtime follows the federal rule: non-exempt workers get at least time and a half for hours over 40 in a workweek. Federal law does not require overtime for weekends, holidays or long single days.

“employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek”

Verified October 26, 2026 · Source: US Department of Labor, Fact Sheet #23: Overtime Pay Requirements of the FLSA

Nursing employees also have a federal right to reasonable unpaid break time and a private place, not a bathroom, to pump breast milk for one year after the birth. What the federal pump-break rule covers.

Rules for adult, non-exempt private-sector workers. Industry orders, union contracts, local laws and exemptions can change the answer. General reference, not legal advice.

Workers under 18 in Florida

Teen workers in Florida have limits on how long and how late they can work. Where the Florida and federal limits differ, the stricter one applies. Florida is also one of 33 states with a separate meal-break rule for minors; when a teen is covered by both the adult and the minor rule, the employer must follow the higher standard (U.S. DOL). Ask the Florida labor department for its details.

AgeHour limitsCan't work between
Under 16 (Florida)Non-school days and weeks: up to 8 hours a day and 40 a week, 6 days a week
School days and weeks: up to 3 hours a day and 15 a week, 6 days a week
Minors under 16 may work 8-40 during non-school day or week.
7 p.m. before school day to 7 a.m. on school day (9 p.m. during holidays and summer vacations to 7 a.m.)
16 and 17 (Florida)School days and weeks: up to 8 hours a day and 30 a week, 6 days a week11 p.m. to 6:30 a.m., before school day.
Under 16 (federal)Non-school days and weeks: up to 8 hours a day and 40 a week
School days and weeks: up to 3 hours a day and 18 a week
7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.
16 and 17 (federal)No hour limitsNo night limits

Verified October 26, 2026 · Source: U.S. Department of Labor, Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment, as of July 15, 2025. School-day limits usually apply only to students. In the DOL's shorthand, “8-40” means 8 hours a day and 40 a week; a third number is days a week.

If your employer doesn't follow these rules

Because Florida has no break law, there is no state claim for a missed break itself. But if your employer deducts short breaks (5 to 20 minutes) from your pay, or you work through an unpaid lunch, that is unpaid work time under federal law. Florida has no state agency that takes wage claims. To sue for unpaid minimum wage, first send your employer a written notice with the dates, hours and amount owed; they then have 15 days to pay. Official page ↗ Verified October 26, 2026

You can also call the federal Wage and Hour Division free at 1-866-487-9243. Firing or punishing you for a wage complaint is illegal.

Checking your hours on your pay stub

Federal law does not require pay stubs, but your employer must keep accurate records of your hours and pay. Ask Florida's labor department whether a state pay stub rule applies to your job. Source ↗ Verified October 26, 2026

Paid break time counts as hours worked, at no less than Florida's minimum wage of $15.00 an hour. Florida minimum wage details ↗ Keep your own record to compare: the time card calculator totals your week with Florida's rules and saves a PDF.

How Florida compares with nearby states

StateMeal breakRest breaksOvertime
FloridaNone requiredNone requiredWeekly, 40 h
AlabamaNone requiredNone requiredWeekly, 40 h
GeorgiaNone requiredNone requiredWeekly, 40 h

See all 50 states and DC.

Questions, answered

Florida breaks: common questions.

Not by state law. Florida does not require meal breaks for adult workers, so it is up to your employer.
None are required by Florida law; your employer decides. Short breaks it does give must be paid under federal rules.
Under federal rules, which apply in Florida: short breaks of about 5 to 20 minutes are paid, and a meal break of 30 minutes or more can be unpaid if you are completely relieved of duty.
Overtime is due after 40 hours in a workweek, the federal rule; there is no daily overtime. Overtime is paid at 1.5 times your regular rate.
Under Florida law: non-school days and weeks: up to 8 hours a day and 40 a week, 6 days a week; school days and weeks: up to 3 hours a day and 15 a week, 6 days a week; minors under 16 may work 8-40 during non-school day or week.. Under federal law, which covers most employers: 3 hours on a school day and 18 in a school week; 8 hours on a non-school day and 40 in a non-school week, and only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day). The stricter rule applies.
Because Florida has no break law, there is no state claim for a missed break itself. But if your employer deducts short breaks (5 to 20 minutes) from your pay, or you work through an unpaid lunch, that is unpaid work time under federal law. Florida has no state agency that takes wage claims. To sue for unpaid minimum wage, first send your employer a written notice with the dates, hours and amount owed; they then have 15 days to pay. Verified October 26, 2026
Sources

Where these rules come from

Every rule on this page was checked against the official source below; the quotes are verbatim and were found in the source on the date shown next to each rule. This page was last verified on October 26, 2026, the oldest of those dates. How we verify.

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