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?
Question Details: 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?
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)