Does My Employer Have To Pay Me For Holidays?
Unfortunately, an employer does not have to pay for time not worked, such as holidays or vacation time. Paid holiday time or vacation time is an additional benefit the employer agrees to offer an employee.
In Florida, an employer can require an employee to work holidays and does not have to pay a premium (such as one and a half times the regular rate), unless the employee by working the holiday, qualifies for overtime under standard overtime laws.
Does My Employer Have To Pay Me For Breaks or Meal Periods?
It may be surprising to hear that federal law does not require an employer to give a lunch break. However, in Florida, employers must give employees under the age of 18, who work more than 4 hours continuously, a meal period of at least 30 minutes (1).
Typically a meal break (lasting of at least 30 minutes) is not considered work time and the employer does not have to pay you for this time. However, when an employer offers short breaks (usually lasting from 5 to 20 minutes), federal law considers these short breaks as compensable work hours and you should be compensated for this time. These short breaks are also included in the sum of hours worked during the work week and should count in determining overtime hours for the week.
For more information, visit the Department of Labor’s website: http://www.dol.gov/dol/topic/workhours/breaks.htm.
References:
(1) Florida Statute. 450.081(4).
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