Does an employer who has you as a 1099 employee on hourly wage have to give a 10 minute break after a 1 hour lunch break?

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Does an employer who has you as a 1099 employee on hourly wage have to give a 10 minute break after a 1 hour lunch break?

I am an hourly employee that was hired as a 1099. I work 3 hours in the morning

from 9 am to 12 pm and have a 1 hour unpaid lunch. I then work from 1 pm until 7 pm, without a 10 minute break. Is this legal? Am I allowed at 10 minute break

in the afternoon?

Asked on September 20, 2016 under Employment Labor Law, Florida

Answers:

Micah Longo / The Longo Firm

Answered 4 years ago | Contributor

If your employer is telling you you can't take a break, then you should not be classified as a 1099 employee.  Whether or not you should be classified as a W-2 or 1099 depends upon the level of control by your employer.  If you were a true 1099 - Independent Contractor you could take a lunch break whenever you wanted.  By being classified as a 1099 - Independent Contractor you pay more in taxes.  There is an SS-8 form you can fill out and submit to the IRS to determine your status.  
Now, as a W-2 employee in Florida, your employer would be requried to give you at least a 30-minute unpaid break for every 4 hours of work.  Also of note, under federal law, employers are not required to give lunch breaks.  If you do get a lunch break of 30 minutes or more and you're required to work through your lunch break your employer must pay you for the time.  
(This is not legal advice - you pay for legal advice - This is free)


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