Home Q&A Forum I work full time from 7:58 am to 5pm they tell me by law I have to take 1 hour break . And they say I can’t pass the 40 hours because they won’t pay overtime to me . But the other employees

Employee Benefits

Employment Agreement

Florida

Asked on Sep 9, 2021

I work full time from 7:58 am to 5pm they tell me by law I have to take 1 hour break . And they say I can’t pass the 40 hours because they won’t pay overtime to me . But the other employees

I just want to know if it’s correct that they can do that or I can take 45 min only of break so they pay me .

Answers from 1 Lawyer

Answer

Employee Benefits

Florida

Answered 1669 days ago

Donya G.

ContractsCounsel verified

Business Lawyer
Licensed in Connecticut, New York
Free Consultation
View Donya G.
4.9 (61)
Member Since:
July 11, 2020

From my initial research it appears that based on Federal law, s 30 min break is required; however, I am NOT a Florida attorney and DO NOT practice in this field so its best to talk to someone with the knowledge and expertise in this field. https://thelawdictionary.org/article/florida-labor-laws-about-break-during-work/ Hope that helps. Donya

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.
Meet some lawyers on our platform

Lori B.

192 projects on CC
CC verified
View Profile

Dolan W.

886 projects on CC
CC verified
View Profile

Daniel R.

312 projects on CC
CC verified
View Profile

Sara S.

255 projects on CC
CC verified
View Profile

People Also Asked

Employee Benefits

Employment Agreement

Florida

Asked on Sep 2, 2021

Can an employer fire an employee while the employee out on sick leave

I am out on sick leave. can I resign my job?

View Donya G.
4.9 (61)

Donya G.

Answered Sep 24, 2021

You will need an employment attorney to advise you, as such, you will need to post your project on the website Here are the steps you need to take to accomplish this 1. Post the job you need to get accomplished – for example “ I am looking for a Florida employment attorney to advise me of my rights -------------“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the cost of the project as well as how long it will take to be completed as well as when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you. Donya Gordon, Esq.

Read 1 attorney answer>

Employee Benefits

Employment Agreement

New York

Asked on Aug 22, 2022

What is the minimum hours an employer can schedule an hourly part time employee in retail in New York state?

I work for Dollar Tree in New York state, I thought that the minimum shift that could be scheduled was 4 hours, however the manager is scheduling 3 hour shifts for myself and others.

View Jane C.
4.9 (136)

Jane C.

Answered Aug 23, 2022

Please review the Department of Labor website https://dol.ny.gov/wages-and-hours-frequently-asked-questions

Read 1 attorney answer>

Employment

Employment Agreement

Florida

Asked on Sep 2, 2021

Can an employer fire an employee while the employee out on sick leave

I am out on sick leave. can I resign my job?

View Forest H.
5.0 (65)

Forest H.

Answered Sep 21, 2021

Good morning, Florida is an "at-will" state (with a few limited exceptions). Depending on the size of the employer, you may be subject to FMLA protections. Otherwise, unless there is an employment contract in place, an employee can quit at any time and an employer can fire an employee at any time. Unless the reason for the firing is illegal, such as a protected class or whistleblower protection, you can be fired while on sick leave.

Read 1 attorney answer>

Employment

Employment Agreement

Florida

Asked on Nov 3, 2021

Breach of contract?

I’m a nurse practitioner currently employees under a contract in which I was suppose to receive a bonus paid out 30 days after a 12 month period. One week after the 30 days has passed, the Bonus has not been paid. This is consider breach of contract, correct? the contract stipulates I must give 30 days notice prior to quitting. Does this still apply if he is in breach?

View Diane D.
4.9 (13)

Diane D.

Answered Nov 12, 2021

Have you asked about receiving the promised bonus? It may just be late. I would talk to the employer before quitting. And, yes, you must still give the 30 days' notice or you will be in breach. Also, realize, if you quit you may not be entitled to the bonus. I would have to see the contract you signed to actually know what you are entitled to or not.

Read 1 attorney answer>

Business Contracts

Employment Agreement

Florida

Asked on Oct 28, 2022

Can a company keep an independent contractor's equipment and supplies after mutually severing ties?

I'm an independent contractor and have mutually severed ties with the owner of the company I contracted with. She said I could retrieve my belongings this past Tuesday at 2pm. Before I could do so she asked for more time to gather my items and have them ready for pick up in the front lobby. I asked why I couldn't just come get the stuff I could be done w/in an hour and she replied she had some accounting to do. Yesterday Thursday I said I wanted to come get my stuff Friday as I've given her plenty of time. She said I could pick up today at 3:15 as long as I pay her $180 that she claims I owe. First I've heard of this charge and completely dispute it. Now she is saying she is keeping my stuff in lieu of payment. I spoke with county sheriff's office who will provide an escort to retrieve my things. It's work related and her keeping the items is preventing me from working. Does she have any right to withhold my property? Just to be clear I'm not an employee.

View Donya G.
4.9 (61)

Donya G.

Answered Nov 1, 2022

This depends on what was agreed to by the parties in the contract. If the contract is silent, did the parties have an understanding as to what would happen? It would be beneficial to have your agreement reviewed by an attorney and advise you on next steps. I can assist you with that review and advise. You can connect with me through the website. Donya Gordon

Read 1 attorney answer>

Find lawyers and attorneys by city