Illinois State Lunch and Break Law Requirements

August 20th, 2005 Posted by Sarah

I find that the subject of lunches and breaks is often of great interest to employees and employers alike. It is interesting to note that Illinois is one of several states with a specific state law regarding this topic.

In the state of Illinois, employers are required to give employees a meal period of at least 20 minutes if they have worked seven and a half hours or more. This meal break must happen no more than five hours after the start of the employee’s work day. This state law does not apply to workers who are under a collective bargaining agreement that covers meal periods, and it also doesn’t apply to workers who monitor individuals with developmental disabilities or mental illness.

I also think it would be worthwhile to review a recent provision in Illinois law that specifically applies to “hotel room attendants” – in other words, people who clean hotel or motel guest rooms. Under this law, hotel room attendants must be given a 30 minute meal period as well as two rest breaks of 15 minutes each in length if they will be working seven hours or more. The law also notes that hotel room attendants must be provided a room on the premises with adequate seating in which they may take their breaks. This law only applies in counties with a population of greater than three million persons.

The Illinois state law does not give specific mention to whether or not lunches or breaks for hotel room attendants or workers in general are to be paid or unpaid, but the guidance of federal law would still apply. The federal law states that shorter breaks (usually 20 minutes or less in length) must be paid. Longer meal times, however (typically 30 minutes or more) may be unpaid if the worker is completely relieved of his or her duties.

The Illinois Complete Labor Law Poster gives helpful information on lunch and break laws at the federal and state level, as well as information on many other labor law issues.

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119 Comments >> Posted in Employment Laws,Illinois,Wage and Hour

  1. Posted by: Dan

    Does the Illinois law require two rest breaks of 15 minutes to other business besides hotel room attendants ?

  2. Posted by: Amelia

    Hi Dan! No. For non-hotel workers, Illinois requires that employees who work 5 hours or more receive an unpaid meal break of at least 20 minutes. However, there is no requirement for rest breaks in most industries. You can also post your quesiton on our sister site at http://www.laborlawtalk.com for a more complete answer. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: danielle

    My question is, at the store I work with they say that if I work 8 hrs then I don’t get a break until lunch and nothing in between? Is this so? Can they do this? I thought you worked 2-3 hrs and then you got a 10 min break then 3 hrs later you got a 1/2 hour lunch then another break before you went home. I am new at this job and this is what they are telling me. Everywhere else I have worked gave me breaks.

    And if I worked just 5 hrs I would get one 15 min break so in Oregon how do I prove this to the boss?

  4. Posted by: Amelia

    Hi Danielle!! It’s harder to answer your question because I’m not sure which state you are talking about. You posted it on an article about Illinois, but then you mention Oregon. It makes a huge difference because the laws vary a great deal from state to state.

    Illinois does not have a law requiring rest breaks in general industry. Employees who work 5 hours or more are entitled to an unpaid meal period of 20 minutes or more.

    Oregon law does require a paid 10-minute rest break for every 4 hour period, for most employees. Read more about it on the Oregon Bureau of Labor and Industry website at http://www.oregon.gov/BOLI/TA/T_FAQ_Restandmeal.shtml. You can also post a question on our sister site at http://www.laborlawtalk.com, for a more complete answer. Thanks for reading!~ Amelia

  5. Posted by: Grahame Emberton

    I am a Subcontractor/Service Engineer, working for a company in Bradley, Illinois.
    They are taking half an hour per day from my hours worked for a lunch break that I do not take since August. To work the entire day without a lunch break is my normal practice. The company is stating that it is Illinois law that they require employees as I understand a thirty minute break between the fifth and six hour that is unpaid. My work assignments are World Wide and I generally do not work in the state of Illinois. Is it legal for the company to take this thirty minutes from my time?

  6. Posted by: Amelia

    Hi Grahame! There are actually a couple of issues here. Illinois law does require that employees recieve an unpaid meal break of at least 20 minutes within 5 hours of starting a shift of 7.5 hours or more.

    Whether or not this law applies to employees of an Illinois firm in other states is a grey area. But you have to give the employer credit for trying to do the right thing. We receive many, many questions from employees who are forced to work 12 hours or more without a break.

    On the flip side, there is no state or federal law that protects your “right” to work straight through without a lunch break. (Some states, such as Oregon, permit employees to voluntarily agree to forgo meal breaks. Illinois does not.) By refusing to take breaks, you are putting the company in the uncomfortable position of unintentionally breaking the law.

    Even if Illinois law did not require such a break, the employer could require it by company policy. If you refuse to comply, you could be disciplined and/or terminated for the violation of company policy.

    Having said all that, if you are not taking a break, under both federal and Illinois law, the employer must pay you for time actually worked. So: Yes, they have to pay you for the time. And yes, they can and probably should fire you for not taking your meal breaks. Unless you can convince the employer to see things your way, we would recommend that you start taking the required breaks. For a more complete discussion, you can always post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Don

    When an employee is fired, or placed on suspension for leaving the place of business, and taking his usual (30) thirty minute break in Illinois, which is unpaid; therefore, off the clock, and has (1) one beer, is it allowable for the boss to either fire, or, suspend the employee? ? ?

  8. Posted by: Amelia

    Yes, yes and yes. Even though a meal break is unpaid, employers may legitimately require that the employee remain on company property, under both federal and Illinois law. About 90% of U.S. employers (perhaps more) prohibit employees from being under the influence of alcohol or drugs while they are working. Having even one beer at lunch would qualify as under the influence. Any employer with a no-alcohol policy would be justified in suspending or terminating the employee under these circumstances.

    You didn’t ask, but we feel obligated to include this information: According to the APA, when an employee’s alcohol use is interfering with his job (or family or personal relationships), by definition, he has an alcohol problem.

    In some cases, an employer cannot fire a worker for alcohol-related offenses if the employee voluntarily enters an alcohol treatment program. Alcoholism is a serious health condition under FMLA and may be a disability under ADA, however, neither of those laws permit the employee to use alcohol at work. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Martha

    Amelia,

    I was under the assumption that if you are a salary employee (in Illinois) and work the first 4 hours of your shift and need to leave for the rest of the day you would still get paid for the other 4 hours. Is this correct?

  10. Posted by: Amelia

    Hi Martha! You are correct, if the salaried worker is an exempt employee.

    Some salaried workers are non-exempt. This means that the employee must be paid overtime when working more than 40 hours per week, and can be docked when they work less than 40 hours.

    However, most salaried emploees are exempt from the federal and Illinois overtime laws. When these employees work any at all during the day, even if it is only for an hour or so, the employee must be paid an amount equal to the entire day’s salary. (If the employee misses 4 hours of work, the employer can count the remaining 4 hours as sick time, vacation time or personal time, if they like. But the employee must be paid.)

    Not paying a salaried employee for the entire day may change thier status from exempt to non-exempt under the federal Fair Labor Standards Act. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: mark

    I work in Illinois, if I go to the bathroom during a time that is not my shceduled break time can the company refuse to pay me for that time

  12. Posted by: Amelia

    Hi Mark! Only if you are spending more than 20 minutes in the bathroom. OSHA requires that employees be permitted to use the restroom when nature calls.

    Under the federal FLSA, or Fair Labor Standards Act, employees must be paid for breaks unless than are longer than 20 minutes. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Katie

    I have a friend that works for [employer name deleted] and they told her that she can not have a break if she works less than 7.5 hours is that true? What are her rights does she get a lunch or a 15 min break? She works 7 hours a day.

  14. Posted by: Amelia

    Hi Katie! The Illinois One Day Rest in Seven Act requires employers to give a meal break to any employee who works 7.5 hours or more. Unfortunately, unless your friend works as a hotel maid in Chicago, there is no Illinois law that employees who work less than 7.5 hours must have any meal or rest breaks.
    The employer certainly could allow your friend to have a paid rest break or an unpaid meal break…but there is no law that they must.
    OSHA regulations require that employees be permitted to use the bathroom when nature calls, and be permitted to drink water while working. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: Cheryl

    I’m confused. I thought if you worked 5 hours or more in Illinois you were entitled to a 20 minute unpaid break. However in an above answer the response is if you work less than 7.5 hours you are not entitled to any break unless dictated by company policy. Which is correct? If I work 7.5 hours, then I should get a minimum of a 20 minute unpaid break, but if I work 6 hours I get nothing unless my employer has a policy?

  16. Posted by: Amelia

    Hi Cheryl! Your confusion is understandable.

    Under the Illinois One Day Rest in Seven Act, any employee scheduled to work for 7.5 or more consecutive hours, must receive an unpaid meal break of 20 minutes or more. The meal break must be given no later than 5 hours after the employee started work.

    Some websites have inaccurately reported this as “Illinois employees are entitled to a meal break for each 5 hour segment worked.” That is not accurate at all.

    Here is a link to the state department of labor website: http://www.state.il.us/agency/idol/faq/qaodrisa.htm

    There is no Illinois law requiring breaks for employees over 18 on shorter shifts. A different set of rules apply to hotel maids in the city of Chicago. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: Catherine

    Is there a requirement that you get a second meal period if you work say 12 or 16 hours?

  18. Posted by: Amelia

    Hi Catherine! Currently, there is no such requirement under Illinois law. The law simply states that any employee who works a shift of 7.5 hours or more, must receive a meal break before the fifth hour. The meal break must be at least 20 minutes.

    Many Illinois employers have interpreted this to mean that an employee who works 10 hours or more is entitled to another meal break. However, at this point the state is not enforcing that decision.

    Other employers give two breaks on shifts of 12 hours or more simply because it is the right thing to do.

    And we regularly get comments from Illinois employees who don’t want to take two breaks on a 12-hour shift. So there seems to be no happy medium. You can also post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: Roberto

    My question is pertaining to breaks and lunches with regard to your work schedule. I work for a company in Illinois that has you set up for a 9 hour day with 1 of those hours being your lunch break. So our days theoretically go as such you clock in work 4 hours then get lunch work 4 more then clock out. Do they have an obligation if any to incorporate any type of set break schedule or are they correct in their interpretation of a work day?

  20. Posted by: Amelia

    Hi Roberto! This sounds perfectly legal to us. Illinois law requires that any employee who works a shift of 7.5 hours or more be given a meal break of at least 20 minutes. The break must be taken before the 5th hour of work. It sounds like your employer is meeting all those requirements.

    What is not clear from your post is if the employees are actually taking their planned breaks. Assuming that they are, and that the employees are taking the breaks before the 5th hour of work, this is fine. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH,and thanks for reading the blogs!~ Amelia

  21. Posted by: Aaron

    Hi, I was wondering if I worked a 4hr shift am I entitled to a break?

  22. Posted by: Amelia

    Hi Aaron! Unfortunately, no. Illinois law only specifies that meal break are required for employees working a shift of 7.5 hours or more. Different rules apply for employees under 18. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  23. Posted by: Janet Pastko

    I work in a retail store in Illinois and my day is generally 8.5-9 hours. My employer says I have to be BACK from lunch before the 5 hours are up. I thought if I work over 7.5 hours I could ‘clock-out’ at the 5 hour mark. ex: if I work 9:15-6:15 can’t I clock out at 2:14 or 2:15? They also say I have to take 30 minutes, not 20 minutes for lunch. I would prefer not to take a meal break at all but I know I have to. I like a late lunch, it makes the afternoon [or evening] shorter. Thanks

  24. Posted by: Amelia

    Hi Janet!
    As with many questions, both of you have a point. Technically, the Illinois statute requires that any employee scheduled for a shift of 7.5 hours or more, have a meal break of at least 20 minutes, beginning “no later than 5 hours after the start of the work period.” The actual Illinois statute is here: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2407&ChapAct=820 ILCS 140/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=One+Day+Rest+In+Seven+Act%2E (sorry that’s so long!)

    The Illinois law does not make any distinction between an employee who is scheduled for 7.5 hours, and one who is scheduled for 9 hours, or 12 hours.

    So technically, you are right. If you start work at 9:15 and clock out at 2:14 for your meal break, your employer is in compliance with the law. The problem is, if you clock out at 2:16, your employer is not in compliance with the law — even if you do so because you want to take a later break.

    So to be on the safe side, the employer is having you clock out by 1:45, and take a half-hour break. This request is entirely reasonable and even responsible, and the employer has the right to discipline or terminate any employee who does not comply. You can also post questions on our sister site at http://www.laborlawtalk.com, for a more complete answer. HTH, and thanks for reading the blogs!~ Amelia

  25. Posted by: KARI

    What are the stipulations on an employer providing a break area for employees? I work in a business that has told us we are not allowed to eat at our desks. However, most of us live 15 minutes or more away and it is not convenient for us to leave work. Most of us try to stay at work and bring our lunches for convenience of not spending more money than we have to on gas and food purchases. Any advise on Illinois regulations for such a matter?

  26. Posted by: alan

    What is the legal minimum break time between shifts? Is there any? If I work a 10 to 12 hour shift and my employer wants me to go back to work 7 hours later may I refuse without any consequences?

  27. Posted by: Amelia

    Hi Alan! There is no minimum time between shifts under Illinois law. Very, very few states have such a law. You can certainly request that your employer not schedule you this way. However, if they do, and you refuse to work a scheduled shift, you can be disciplined or terminated. HTH, and thanks for reading the blogs!~ Amelia

  28. Posted by: Stacy

    If a person is laid off for a week, can they use their vacation time to make up the money difference?

  29. Posted by: Amelia

    Hi Stacy! This will depend upon the employers policy, and the reason for the layoff.
    Employers have the right to dictate when an employee is and is not allowed to use vacation time.
    Many employers would lay an employee off for a week, to save money. If the employee then uses one week of vacation time, the employer does not save money. So the employer may not allow the use of vacation time during the layoff. In many states, an employee who is laid off for a week or more will qualify for unemployment benefits. HTH, and thanks for reading the blogs!~ Amelia

  30. Posted by: BIBI

    Hi, i was wondering what the illinois law on breaks & lunches would be if i work a 10 to 12 & 1/2 hour shift. For example on a 12 & 1/2 hour shift am i entitled to 2 unpaid 30 min. lunches and 3 paid 15 min. breaks?

  31. Posted by: Amelia

    Hi Bibi! No, not necessarily. Under Illinois law, any employee who works a shift of 7.5 hour or longer, must be given a meal break of 20 minutes or more. State law does not require additional meal breaks, regardless of how long the shift is.
    Illinois law only requires shorter rest breaks for hotel maids within the city of Chicago. Breaks for other employees are not mandatory, unfortunately.
    The meal breaks you suggest sound very reasonable, however, not every employer is reasonable. HTH, and thanks for reading the blogs!~ Amelia

  32. Posted by: Birdie

    I work in Illinois I work at a restraunt as a cashier I work from 6:00pm til 2:30am my boss wants to send me to break at 8:00 so he can go home early because they do not trust the other cashier my breaks are 30 min and are paid, I just don’t think taht thats long enough on a shift to need a break.I also feel that going to break at 8:00pm by 12:00pm I would be dragging my butt (unmotivated so to speak/tired)I also have epilepsy and long hours are not good I found that out the hard way. So I guess my Question is can they do that?Also am I entitled to a certain pay because of the shift I work

  33. Posted by: Amelia

    Hi Birdie! Illinois law requires that employees who work a shift of 7.5 hours or more, be given a meal break of at least 20 minutes, before the 5th hour of work. If the break is more than 20 minutes, it can be unpaid. The law says nothing about how early in the shift the break can be.
    So, your employer is not only complying with the law, he is being very generous by paying you for the break. To answer your question, yes, he can do that.
    Many people would complain if they were given their “dinner” break at midnight, instead of 8 pm. So this is probably a case where you can’t please all of the people all of the time.
    You are working a total of 8 hours, with a 30-minute paid break. Almost no one would consider that long hours.
    If you don’t feel that you can do a good job under these conditions, maybe it would be better if you would look for other work. HTH, and thanks for reading the blogs!~ Amelia

  34. Posted by: Matt

    Hello Amelia,

    I am a Customer Service/Tech Support employee in the state of Illinois. I work the late-morning shift of 10am to 7pm. How many hours after I start working is my employer required to let me take a lunch break? Right now I get to go at 3:30 PM, which is 5.5 hrs after I start. I have asked for an earlier lunch hour and I get dumb looks and answers like “we can’t do that, etc”. My lunch time is closer to dinner…Is this legal? Thanks for your help!

  35. Posted by: Amelia

    Hi Matt! Under Illinois law, the meal break must be within 5 hours after your shift starts, so the latest you could go on break would be 3 pm. Show your employer the link below, and if that doesn’t help, contact the Illinois Department of Labor. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.state.il.us/agency/idol/FAQ/qaodrisa.htm

  36. Posted by: Darlene

    I am a Restaurant Manager (fast food) in Illinios. I am considered as an exempt employee. I also have an Assistant Manager who is also an exempt employee. When there are Company Rally meetings we are expected to go on our days off. When we are at work with the labor % we are given to run the restaurant we are running stations 75% of the time. Is there NO limit to the amount of hours they can run an exempt employee? We have been forced to work six days at 10 to 12 hours a day, in order to make their labor matrix.I have had to work up to 80 hours in one week and no additional compensation given. Also we had an inspection which was not very good. Both myself and the Assistant were in the store I was the Drive Thru cashier at the start the Assistant was in charge. After the inspection was over I directly asked my Supervisor if I was suspended or fired.She told me,” NO” it would be considered a training experience as this was my first inspection. The next day I worked a 10 hour shift then went to a 2 hour Managers Meeting; after the meeting she suspended me for three days without pay . Is this the legal way to suspend someone?

  37. Posted by: Amelia

    Hi Darlene! To take your questions in order, no, there is no limit to the number of hours that an exempt manager can be required to work. They can be required to work 120 hours per week or more. Working 60 hours per week on a regular basis and 80 or more hours per week occasionally is not unusual in some sectors of the hospitality industry. Sixteen and 18 hour days are not unheard of in this industry. Many chains are making a concerted effort to offer more workable schedules to managers. However, in the current economy, they are often caught between flat revenues and rising food costs. Managers must work stations to save labor costs. Yes, your supervisor’s method of suspending you was legal and appropriate. They employer can choose when to suspend an employee. It is timed for the employer’s benefit, not the employee’s convenience. It is unfortunate that your supervisor told you that you would not be suspended, however, it is possible that she was overruled.
    Restaurant management can be a rewarding career. Often, newer managers get the lowest-performing stores, so it tends to get easier as time passes. On the plus side, fast food is doing well in this economy, compared to other types of restaurants. And, not all fast food restaurants are the same. The major fast food burger chain has a reputation for treating its managers very well, and not requiring them to work inhuman schedules. HTH, and thanks for reading the blogs!~ Amelia

  38. Posted by: Roberto

    Ok, I now work for a nice size company that in training tells you you are not entitled to a scheduled lunch break that you are to complete your assigned duties and if your work allows it you may take a lunch on your way to your next job. They also have been telling everyone in training that they will be required to work 6 days a week all the time if need be, while I appreciate the fact I am fortunate enough to have employment I feel this is not fair to the employee’s to be treated as such. Can they get away with this in both cases? Is there a place I can send them for refresher on Illinois labor law?

  39. Posted by: Amelia

    Hi Roberto! Yes, refer them to the Illinois Department of Labor at the link below. When an Illinois employee works a shift of 7.5 hours or more, the employee must have an unpaid meal break of 20 minutes or more, before the 5th hour of work under the One Day Rest in Seven Act. Under Illinois law, it is perfectly legal to require employees to work 6 days per week. The only requirement is that employees be given one day off each week. However, if the employees work more than 40 hours in a payroll week, they are entitled to overtime. Expecting employees to work 6 days per week is not necessarily poor treatment or taking advantage of the employees. It is simply a fact of life at this job. Many employees would be thrilled with the overtime. If you are not, you are certainly free to look for another job. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.state.il.us/agency/idol/FAQ/FAQ.HTM

  40. Posted by: brandon

    i work some days where i am the only person in the store around lunch time and sometimes im not able to take a lunch becaus there is nobody here to cover for me. i work 10 hours a day with no lunch break. who would i contact to have this problem fixed. iv had a few arguments with managment about this issue and they dont fix it.

  41. Posted by: Amelia

    Hi Brandon! Contact the Illinois Department of Labor at http://www.state.il.us/Agency/idol/ for enforcement of this law. HTH, and thanks for reading the blogs!~ Amelia

  42. Posted by: nikki

    Message I work for a company from 8:00am to 5:00pm. They are making me take a 2 to 3 hour break in the day, not gettting paid for it. Is the legal? if not what is the next step?

  43. Posted by: Amelia

    Hi nikki! Yes, this is legal in Illinois. It’s called a split shift, and is very common in restaurants where the same waiter will work 3 or 4 hours for the lunch shift, leave, and return for 3 to 5 hours for the dinner shift.
    If the employer requires that you remain on company property during your “break” you are entitled to payment for it under federal law. However, as long as you are free to leave and pursue your own interests during the two or three hours off, you are not entitled to payment. Your schedule isn’t actually 8 am to 5 pm. It’s 8 am to 11 am, and 2 pm to 5 pm — or whatever.
    Of course, this is a difficult schedule and no one would blame you if you spent the 2 to 3 hour break looking for a better job. HTH, and thanks for reading the blogs!~ Amelia

  44. Posted by: Roberto

    I am working for a company that has basically forced us to purchase certain tools to complete our work. They made us sign the purchase Order that specifically stated that there would be a deduction that would commence when we got our tools but they have started the deductions and they calim the tools wont be handed out til they say. Can they force you to enter into a contract then arbitrarily change the terms like they have?

  45. Posted by: Amelia

    Hi Roberto! Illinois law permits deductions only with a) the employee’s express written consent and b) which is given freely at the time of the agreement. It is lawful for the company to say, “you need certain tools to do your job, and you will be responsible for purchasing them.” It is not lawful for the company to say, “and you must purchase them from us.”
    You are also correct that if the agreement specifies that they will begin deductions only after you receive the tools, it is not lawful for them to begin deductions earlier. Contact the Illinois Department of Labor about this. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.state.il.us/agency/idol/FAQ/qawage.htm

  46. Posted by: barb

    i am quitting a job at a convience store they said that if i did not complete an exit interview that i would not recieve my last pay check can they do that and am i required to fill one out.

  47. Posted by: barb

    i work 6 1/2 hours am i entitled to a break of 10 min or more

  48. Posted by: Amelia

    Hi Barb! No, the employer cannot legally withhold your paycheck in Illinois. Under the Illinois Payday Law, the employer must pay the worker on payday. This is true, even if the worker has been terminated.
    However, you may want to complete the exit interview. Exit interviews enable employers to get honest feedback from employees on items that can be improved in their organization. For example, if a supervisor is rude and abusive to employees, or treats some employees unfairly, this is an excellent time to say so. At many organizations, the HR department or the regional managers — not the immediate supervisor — see the exit interviews. Many employees fear a confrontation, but this employer is asking you to fill out the survey…so what do you have to lose? Especially if you do not want to work for this company again in the future. You should be tactful on the exit interview, but as honest as possible if you decide to take our advice and fill it out. HTH, and thanks for reading the blogs!~ Amelia

  49. Posted by: Amelia

    Hi barb! Unfortunately, no. Under the Illinois Payday Law, employers in the state must give employees a meal break of 20 minutes or more on a 7.5 hour shift. There is no requirement for rest breaks, and there is no requirement for any break on a shift shorter than 7.5 hours. OSHA regulations require that employees be permitted to use the restroom, and to drink water on duty. HTH, and thanks for reading the blogs!~ Amelia

  50. Posted by: mary

    Hi there,
    I understand that Illinois does not have any laws regarding 15 minute breaks. However, in the hospital that I work in, we have been told that we are not allowed to sit at all unless we are on lunch/break. Therefore, we are standing all night (3rd shift). First luch begins 3 1/3 hours after shift starts, so you can sit then, but third break does not start until 5 hours after shift starts. Is it legal for them to make us stand up for 5 hours without a break?

  51. Posted by: Amelia

    Hi Mary! Yes, this is legal in Illinois. A few states (notably Wisconsin) require that the employer furnish chairs that employees can use while they are on breaks. However, Illinois has no such law. (And, frankly…when would you use them? If your job duties require standing, and you have no breaks, then there would be no appropriate time to use a chair.)
    We will also note that each employee stands for the same amount of time. Regardless of when their break is, they stand for 7.5 hours of an 8 hour shift.
    Many, many industries require employees to be on their feet for an entire shift of 8 hours or more. This is very common in the retail industry, and for some positions in the hospitality industry including waiters, front dek clerks and hotel maids. Even doctors spend most of each shift on their feet. So we have empathy for your situation, but it is just part of the healthcare industry. HTH, and thanks for reading the blogs!~ Amelia

  52. Posted by: Missy

    I am a nurse in Illinois. We receive an unpaid lunch for 30 minutes during our 12 1/2hr shift. After reading all the questions, there is no law about breaks correct? The nurses on my unit are under the impression that it is the law that we can have two 15minute breaks during our shift – or is that a courtesy? I would really appreciate your help to this answer!

  53. Posted by: Amelia

    Hi Missy! Unfortunately, your coworkers are mistaken. The Illinois One Day Rest in Seven Act requires employers to give workers a meal break of 20 minutes or more on a shift of 7.5 hours or more. There is no requirement for an additional meal break on a longer shift, and there is no requirement for any paid or unpaid rest breaks.
    Some states have laws that require rest breaks. Illinois does not. Many Illinois employers allow workers to take one or two 10- to 15-minute rest breaks during a shift, but that is a courtsey. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.state.il.us/agency/idol/faq/qaodrisa.htm

  54. Posted by: Darlene

    As an exempt employee in Fast food are you telling me it is okay for my employer to require me to work 6 days a week but when I have a family emergency like a child ill in the hospital they don’t have to pay me for those days off!!

  55. Posted by: Amelia

    Hi Darlene! Well, we are telling you that it is legal. Exempt employees are exempt from overtime, so the employee can be required to work 6 days per week (in Illinois) without additional payment. (In most other states, the employee can be required to work 7 days per week.) Normally a parent is entitled to FMLA leave when a child has a serious health condition. FMLA leave is unpaid. Some employers would permit the parent to use vacation or sick time for this purpose, but there is no requirement that they must do so, legally. Sorry to be the bearer of bad news, and thanks for reading!~ Amelia

  56. Posted by: Mike

    Amelia, what are you qualifications to be giving this advise?

    Today is June 24,2009 – in Illinois is it still illegal for employees to forgo meal breaks if they are scheduled to work 8 hours?

  57. Posted by: Amelia

    Hi Mike! Our team of advisors has more than 30 years of experience in HR. We research the questions in the actual statutes, and if we are unsure we phone the state Department of Labor to check.
    Illinois law requires that almost every employee have a meal brea of 20 minutes or more on a shift that is 7.5 hours or longer. Some state break laws contain a provision that permits the employee to waive meal breaks, as long as it is done in writing and is voluntary. Illinois does not.
    Read more about this at: http://www.state.il.us/agency/idol/FAQ/qaodrisa.htm But don’t take our word for it. Contact the Illinois Department of Labor — I’m sure they will be happy to answer your questions. HTH, and thanks for reading the blogs!~ Amelia

  58. Posted by: Kelly

    Amelia,
    I work at a corporation in Illinois as an exempt employee and I was told by one of my bosses that they are not required to give me a lunch break. And they can make me work as long as they like. Is this true? I thought that if you work an 8 hour day that you get at least a half hour- and hour lunch break. Thank you for you help!

  59. Posted by: Amelia

    Hi Kelly! You are almost right. The Illinois break law is a provision of the Illinois One Day Rest in Seven Act, statute 820 ILCS 140. Most of the provisions of that law do not apply to exempt employees. However, that law requires that an employee in general industry who works a shift of 7.5 continuous hours or more, be given a meal break of at least 20 minutes (not 30 minutes or one hour.) The meal break can be unpaid. That section of the law DOES apply to exempt employees in Illinois. So you are entitled to a meal break of 20 minutes. Other than that, the employer is correct — they can have you work as many hours as they like, without overtime if you are genuinely an exempt employee. HTH, and thanks for reading the blogs!~ Amelia

  60. Posted by: ruth

    i work at a thrift shop and i work from 9am to 6pm sometimes even later. my boss says that he does not allow breaks. no matter how many hours you work. when i was hired he said that i had to sign a for called independent contractor. well i still never have and he never asked for any id or social security card. he said i will only get 5.00 an hour. can he do that

  61. Posted by: Amelia

    Hi ruth! No, this employer is in violation of nearly every federal and Illinois employment law that exists. He has illegally classified you as an independent contractor. If you were genuinely an independent contractor, you would be able to take a break whenever you like, and as many breaks as you like, as long as you got the work done.
    He is in violation of the federal minimum wage ($7.25 per hour) and the Illinois minimum wage ($8.00 per hour.)
    It appears that he is having you work “under the table” meaning working illegally, not withholding any taxes or social security.
    You should collect whatever evidence you can that you are actually working for this individual. Reciepts, schedules, copies of pay stubs, etc. Then, you should contact the Illinois Department of Labor or IDOL and file a wage complaint. They will investigate and force him to operate legally, including providing you with a meal break and paying the minimum wage. HTH, and thanks for reading the blogs!~ Amelia

  62. Posted by: Jim Leonard

    Is it legal for an employer in Illinois to insist that an employee accept a Split Shift during any 24 hour period?

  63. Posted by: Amelia

    Hi Jim! Yes, this is legal. A few states have laws regarding the minimum and maximum number of hours between shifts that an employee must be given. For example, in one state if the employee is “off” for 2.5 hours or more between shifts, the employee must be paid for the entire time. However, this is not the case in Illinois. It is very common in the restaurant industry (for example) for employees to be required to work 11 am to 2 pm for lunch, and then return at 5 pm to 8 pm for the dinner shift. HTH, and thanks for reading the blogs!~ Amelia

  64. Posted by: leona

    i work at a family rest. normally 8-10 hrs a day..am i entitled to breaks before mealtime,,,and also i do not get a 20 minute mealtime at anytime during my workday

  65. Posted by: Amelia

    Hi leona! Yes, restaurants are covered under the Illinois meal break law. You are entitled to an unpaid meal break of 20 minutes or more within 5 hours after clocking in. If you are the only employee in your position (for example, the only server or cook) then there may be an exception under the law. HTH, and thanks for reading the blogs!~ Amelia

  66. Posted by: Fredrick

    Hi Amelia,

    What does Illinois law state about lunch time allocations for salaried employees (non-hourly). Is there a minimum requirement.

    Do you happen to know the law/code so I may reference? Thanks in advance!

  67. Posted by: Amelia

    Hi Frederick! Illinois law requires that each employee who works a shift of 7.5 hours or more, be given a meal break of at least 20 minutes during the shift, including exempt employees. (Note that a salaried employee may be either exempt or non-exempt.) The meal break can be unpaid, if the employee is completely releived of all duties. This is a provision of the Illinois One Day Rest in Seven Act. The law excludes only two classes of employees: 1) Those working under a union agreement and 2) Those supervising individuals who are developmentally disabled or mentally ill, or both. Therefore, it does include exempt employees. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.state.il.us/agency/idol/laws/law140.htm

  68. Posted by: Connie

    Hello,

    my name is Connie I currently work in a goverment Job I am a Admin. Asst. I have 2 questions 1. I currently assist and do the payroll in my department for our personnel office whom already have payroll clerks in thier office to do the payroll, the reason why I assist the Payroll dept. with this is because, our payroll is done manually for a number of 340 to 300 employee’s that s just in the dept. that I’m currently assigned to. I was never trained for this or told how the payroll is to be processed athough, I do have a strong background in payroll from my past employment however, I did not apply for a position as a payroll clerk it was for a admin. asst. I can not perform any of my duties as a admin. asst. because i spend most of my 8 hrs. working on the payroll. Question 2. my current employer had imformed my immediate supervisor that I was not to be given any overtime and that I could not be given any overtime. There is constant overtime being given to other numerous employee’s at my job and within my department as well. plus i do not take my full 1 hr. lunch and my 2 breaks that I am entitled to, due to the fact that I am mannually entering all the overtime that is be approved by other staff members.

    How can I or how do I go about in reporting this and getting compensated for all the overtime and lunchs and breaks that I worked thru so that the payroll is processed. (I have also been threatened my other adminstrative staff that if the payroll was not being processed in a timely manner & audited when needed with the payroll office that i would be disciplined). I am very much aware that this is unfair labor practice!! Not to mention violated my rights through labor law.

    I need all the info I can get on this as I am not the only Admin. Asst. at my goverment job with this problem.

    Thank you.

  69. Posted by: Amelia

    Hi Connie! You don’t say whether the government agency is local, state or federal — but it may not be that important. This type of office politics is why many people don’t enjoy working for the goverment.
    Yes, you are being taken advantage of. However, that is not necessarily illegal.
    Our best guess is that this is a power play between your supervisor and the payroll supervisor. The payroll supervisor probably thought that as administrative assistant, you did not have enough to do. So you were delegated additional work. However your immediate supervisor’s boss understandably doesn’t want this additional work to put you into overtime. (The fact that other employees are given overtime really has nothing to do with you. A local government might want to give overtime to police officers but not to office staff, for example.)
    BTW, Illinois law requires only that employees be given a 20-minute unpaid lunch break, and no rest breaks. So your employer is not violating any break law here.
    It’s understandable that you want to keep everyone happy, but letting people take advantage of you simply perpetuates the problem. However, the employer has the right to change anyone’s job duties. It appears that yours have been changed to include some payroll duties. (In some cases civil service or union regulations would prevent this — but it appears they don’t apply in your case.)
    Unfortunately, at this point, since you’ve been completing all the payroll duties, if you quit it looks like you are slacking. Our suggestion: Go to your immediate supervisor and explain that you have been able to keep up only by not taking your breaks — and you don’t think that you can handle this pace anymore. Say that you don’t know whether you should continue to work through breaks and put in for overtime, or take your scheduled breaks. Ask what he or she recommends. This is a good gauge of the office political climate. Your boss may say, “you need to get all the work done, including payroll” or s/he may say, “focus on your duties as admin, and do as much payroll as you can in the time available.” (It is possible that your supervisor is hoping you won’t get everything done, so he has an excuse to send some of those duties back to the payroll department.) If it appears that you are stuck with the payroll duties, request training in them so you can become more efficient. And start taking your breaks if your boss recommends it– you are not helping anyone by working through them. HTH, and thanks for reading the blogs!~Caitlin

  70. Posted by: Amelia

    Does the 20 minute meal period need to be unpaid?
    Thank You

  71. Posted by: Trisha

    Hi there…finding this very helpful, thank you.

    Am a salaried employee who has had to take off of work for my father being ill and eventually passing…I was ‘docked’ the time I took off (Saturday & Sunday, 12 hours each day, Monday at 8 hours)..I was paid exactly half of my usual pay and their explanation being I only worked one week’s worth of hours. Now I’m being ‘docked’ again for being ill with the flu – the employer told me to go home, not wanting to get others ill. Several employees work 7 days on, 2 – 12 hour shifts and 5 – 8 hour shifts and are also salaried. My shift requires 2 – 12 hour shifts and 5 – 8 hour shifts in a 2 week time period.

    Question – we do not get overtime for working over 40, we do not get overtime for working holidays…how can they ‘dock’ us? They calculate our hourly wage by dividing our salaried wage by 80 hours. Also, other employees have not been ‘docked’ for an illness.

    Question – I am the only person scheduled to work an 8 hour shift on a Friday night and return Saturday for a 12 hour shift exactly 8 hours of leaving..is this within the Illinois laws?

  72. Posted by: Amelia

    Hi Trisha! This is probably not lawful. Under the federal FLSA or Fair Labor Standards Act, an exempt employee’s salary cannot be prorated based upon the number of hours worked. The exempt employee must be paid his or her full salary for any day in which the employee works any time at all. So for the day you were sent home sick, assuming you worked for at least a few minutes, you must be paid. (If the employer offers a bona fide sick leave plan, and you have used all your available sick time, you need not be paid when you are out sick for a full day. But if you work any part of that day, you must be paid your usual salary for the entire day.)
    When you took off to care for your father, you were most likely put on unpaid FMLA leave. This would mean that you were not entitled to payment for the days that you missed. However, for absences the employer cannot prorate your salary based on the number of HOURS you worked. It must be based on the number of DAYS that you worked. Example: You work 7 days in each two-week pay period. Suppose your salary is $1400 every two weeks, or $200 per work day. Since you missed 3 days of work and worked 4 days, you are due 4/7 of your salary, or $800 for that payperiod.
    The number of hours worked per day is irrelevant for an exempt employee. When an employer prorates a worker’s salary based on the number of hours worked, they are treating the employee as non-exempt. In many cases, the courts have found that the employee is then entitled to overtime for the past 3 years, because they never were an exempt employee.
    (There is no legal requirement in any state that employees be paid overtime for working holidays. The federal and Illinois requirements are merely that employees be paid overtime after working more than 40 hours per week — not more than 80 hours per two weeks.)
    To answer your final question, there is no law in Illinois that dictates how many hours an employee must have off between shifts. The employer could schedule you to get off a 12-hour shift at 1 am on Saturday and return for an 8-hour shift at 2 am on Saturday. So yes, this is lawful. (If you are being scheduled this way due to your race, color, religion, sex, etc. that is illegal discrimination. But if you are scheduled this way for another reason, like seniority, that is lawful. The same is true for not being paid for sick days.)
    Our suggestion is that you contact either the U.S. Department of Labor or the Illinois Department of Labor, and file a wage claim for the unpaid salary for the week in which you were on leave for 3 days. Alternatively, you could file a wage claim for unpaid overtime instead.
    Before you file a wage claim, speak (tactfully!) with the employer and make sure that you understand the pay periods, payroll week and payroll day. Some employers with extended shifts arrange the payroll day and week so that a 12-hour shift is spread over two payroll days. For example, some employers run the payroll day from 7 am Friday to 7 am Saturday, rather than beginning the new “day” at midnight. If you are on an overnight shift, that can make a big difference. HTH, and thanks for reading the blogs!~ Amelia

  73. Posted by: Amelia

    Hi Amelia! The Illinois meal period can be unpaid, but there is no law that it must be. If the employee is completely relieved of all work duties, and the meal period is 20 minutes or longer, the employee need not be paid. But a paid meal period would still satisfy the Illinois law, as long as the employee was permitted to take the break. (One problem with a paid meal period is that if the employee does not clock out, it becomes difficult to track.) HTH, and thanks for reading the blogs!~ Amelia

  74. Posted by: Johnathan

    I work at a retail store in the main office with a small staff of 4 people for the work week. I usually do not take a lunch, or am denied to take one when i work 8 hours or more a day. My employer has also told me that they then deduct the 30 minutes meal period i should take from my pay check so im not being paid at all for this time and am still working. Out of the 5 days a week i work there this happens at least 3 times a week for about a year now. I have totaled my hours and i do indeed get deducted the 30 minutes a day, about 2 hours a week.

    I have referred to my HR department on the matter and the management at my store level and no actions have been taken to prevent these actions. Is there anything i can legally do to get back my lost wages??

  75. Posted by: Amelia

    Hi Johnathan! Yes. Assuming that you are an hourly employee, you should immediately file a wage complaint with the Illinois Department of Labor at http://www.state.il.us/Agency/idol/. They will require that the employer pay you for the hours actually worked for the past 2 or 3 years, including overtime if applicable. We predict that as soon as IDOL calls, the employer will suddenly start giving you breaks. Illinois law requires a 20-minute meal break on a shift, but it is far easier to address the minimum wage issue. HTH, and thanks for reading the blogs!~ Amelia

  76. Posted by: Roger

    I work in an industry that has a contract with the employer. It mandates a break and lunch period each day. We are forced to work without a break or if one is taken, we are doing some sort of work during it. What are my legal options?

  77. Posted by: Amelia

    Hi Roger! Your problem is with your employer, not with their client. You should contact your immediate supervisor or employer rep, and inform them that you are not receiving your daily meal break under Illinois law. Also inform the rep that you are not being paid for all of the hours you work. Your employer rep should handle this problem with the client. If the problem continues, then you would file a complaint against your employer with the Illinois Department of Labor. This answer assumes that you are genuinely an employee, and not an independent contractor. HTH, and thanks for reading the blogs!~ Amelia

  78. Posted by: jimmy

    hello, i am an hourly overnight manager at a retail store in illinois. i get 30 min unpaid lunches and two 15 min paid breaks, which is nice. but when i clock out for my unpayed 30 min lunch, im am not allowed to leave the property, for food or anything else, becouse i am the only manager here. at a previous job, same break situation, but i was paid for my lunches becouse they said federal law requires that i am paid for my lunches if i cannot leave the property… its not a situation that is bothering me but i am just curious if im suppose to be paid for my lunch, since i cant leave.. thank you

  79. Posted by: Amelia

    Hi jimmy! No, there is no federal law that requires an employee to be paid for a break if they cannot leave the premises. There is such a state law in Caliornia, but not in Illinois. Under federal law, a meal break longer than 20 minutes can be unpaid as long as the employee is relieved of duties while on the property. Employees must be paid for breaks that are shorter than 20 minutes, under federal law. HTH, and thanks for reading the blogs!~ Amelia

  80. Posted by: Jimmy

    Recently my employer has changed my shifts and it is interfering with my sleep. Ive been working 4pm to 12, and then working at 8am the next day. Is it legal to do this? i get less then 8 hours of sleep.

  81. Posted by: Amelia

    Hi Jimmy! No, there is no Illinois law that requires an employer to give workers a certain number of hours between shifts. Sorry, wish we could be more helpful. Thanks for reading the blogs!~ Amelia

  82. Posted by: mike

    Message
    my employees are to take a 1/2 hour lunch. they are off the production line for 30 min. but due to clock location and facility lay out they only punch out for 20 t0 23 min. what are the laws on adjusting the punch to be a full 1/2 hour?

  83. Posted by: Amelia

    Hi Mike! Sorry, but no, you cannot adjust this time. If we understand correctly, your employees stop working. They walk to a time clock and wait in line to clock out. After clocking out, they take a 20 to 27 minute break, then must stand in line to clock back in and walk back to the work area. The production line starts again after 30 minutes total.

    Under both federal and Illinois law, you must pay the employees for the time spent walking to and from the timeclock, and for time spent waiting in line to clock out. (Actually, the employees could make an argument that they are entitled to payment for time spent waiting in line to clock in, too.) Time spent waiting on the employer’s premises is paid work time. So is time spent walking from the time clock to and from the work station. After all, they cannot teleport to their work location. The person who controls how many timeclocks you have and where they are located is…you. At a minimum, you must pay these employees for the time they are on the clock — even if the production line is not running during part of that time.

    There is a loophole under federal law. You could automatically deduct a 30 minute meal break from each employee’s time every day, without requiring them to clock in and out for breaks. This is only legal if the production line is shut down for a full 30 minutes every day, and no employee ever works through that time. In this way, the employees would be able to skip clocking out and go directly to the break area, using the full 30 minutes for the break — and you could avoid paying them for walking to the time clock and standing in line.

    However, if you require the employees to clock in and out, they must be paid accordingly.

    This is the only situation in which we would advise an employer to automatically deduct breaks from time worked. And to reiterate, this will not work if any employee ever works through the meal break. HTH, and thanks for reading the blogs!~ Amelia

  84. Posted by: Michelle

    Hi, I work in a retail setting 9 to 10 hr a day. Some Saturdays are extremely busy. The manager does not allow me to have any break? Is that legal? How do I go about file complaint or report this to the state law anonymously?

  85. Posted by: Amelia

    Hi Michelle! Illinois law requires that employees who work a shift of 7.5 hours or more be given a meal break of at least 20 minutes. The meal break can be unpaid. There are no exceptions under this law, so your employer is in violation. If your employer is in violation of this law, you should report it to the Illinois Department of Labor. They may not be able to keep your complaint anonymous, but it would be illegal for your employer to retaliate against you, for filing a complaint in good faith.

    In addition, OSHA worker safety regulations require that employees be permitted to use the bathroom when nature calls. However, they do not require any shorter rest breaks to use the cell phone, smoke, snack, etc. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.state.il.us/agency/idol/FAQ/qaodrisa.htm

  86. Posted by: Darlene

    I work as a dispatcher at a police department, we work 12 hour shifts. We only get a lunch break if we have a second dispatcher working with us – otherwise no chance to get away from the radio. Does the law require that we be compensated if we dont get a lunch break and what are the limits to hours past 12 that we can work at a time before there must be a rest time ( I heard somone say that we could not work more than 16 hours without an 8 hours break before we would be allowed by law to work again)

  87. Posted by: Amelia

    Hi Darlene! Illinois does have a meal break law as part of the Illinois One Day Rest in Seven Act. However, that law does not apply to employees of federal, state or local governments, like police dispatchers. It also does not apply when an employee is working under a union contract.

    Even if the Illinois law did apply, there is no payment to the employee who does not get a meal break. The employee must be paid for all the time he or she works, of course.

    There is also no limit under the law to the number of hours that an employee can be required to work on a single shift. The employer may have a policy that an employee can work 16 hours and then must have 8 hours off, especially since public safety is at risk. However, there is no state or federal law that mandates this. HTH, and thanks for reading the blogs!~ Amelia

  88. Posted by: Rich

    Retail sales,Illinois . Busy with clients sometimes work past into the 5th hour meal period. We then clock out beyond 5th hour, it’s not intentional but we must cater to customer/close the sale first when alone on sales floor-

    This happens from time-to-time ( others also in our dept.) and our HR folks get upset like we are doing this on purpose, we are not, but again trying to close the sale, that’s what makes profit for the store-selling goods.

    A salesperson just cant walk away in the middle of a sale when there is no one to cover for us. We are all on commission , so why do all the legwork and give the sale to another sales rep because you got to go to lunch before the fifth hour !

    When finished with customer, we do punch out and take our 30 min.meal break.
    any suggestions?

  89. Posted by: Amelia

    Hi Rich! There is no easy solution to this problem. You are right to want to keep the sale, but the HR department is also right. When you work 5 hours and 1 minute without taking your break, your employer has broken the law. Obviously, the employer has a problem with this. Some states have a provision in the law that allows an employee to voluntarily waive the break, or to take it later — Illinois does not. The Illinois employer can discipline or terminate any employee who violates this law.

    One option would be to work out an arrangement with the other salespeople where commissions were split when on employee must go on break in the middle of the deal. If this was a fairly low-cost item or items, then you might simply turn the client and the commission over to another salesperson. He or she would do the same for you sometimes. However, if this is a high-ticket item like a car, then we can understand why you would not want to do that.

    The best solution is probably for you to take your break early in the day when you are between customers. This may mean that you take your break after working 3 or 4 hours and eat at an odd time, but you will protect your commissions by doing so. HTH, and thanks for reading the blogs!~ Amelia

  90. Posted by: Penny

    Question concerning Martha’s question. If I am reading this correctly about only working four hour and needing to leave and still get paid for the entire day. You told her that her company can use her sick/vacation time to make up the rest of her day. What happens if I normally work Monday through Friday and on Friday I need to leave 3 hours early and I have already put in 46 hours that week. Can they still take my vacation time for the 3 hours lost on Friday? I am a salary exempt employee. I always thought salaried employees get paid the agreed upon $$ no matter if they worked over 40 hours or under 40 hours. Please help a little confused.

  91. Posted by: Amelia

    Hi Penny! Yes, you are right on both counts. A salaried exempt employee must be paid his or her entire salary for the day, if the employee works any portion of the day. However, under the federal FLSA the important factor is the amount on the paycheck — not whether the employer tabulates it as work time, sick time or paid leave.
    So the exempt employee who leaves work 3 hours early on Friday must be paid his or her usual weekly salary, and can be docked 3 hours of vacation or sick leave. (There are a few exceptions, as in California.)
    There is nothing magical about the number “40 hours” for a salaried exempt employee. The employer can require that the exempt employee work 46 hours plus use 3 hours of sick or vacation time. HTH, and thanks for reading the blogs!~ Amelia

  92. Posted by: Anne

    Question 1: Illinois, retail, one clerk working and 8 hour day. Is it legal to give the person a 30 minute break which may be interrupted (for a customer) and then finished later. Or do we have to have a 2nd person come in just to cover the lunch?

    Question 2: Illinois, office clerk is required to take a 30 minute lunch period for which they punch in and out. If they punch in say 5 minutes early, does this time have to be paid? We don’t want them coming back to work early, but how is it realistic to expect and exact 30 minutes on the time card.

    Deanne

  93. Posted by: Amelia

    Hi Deanne! Thanks for posting two interesting questions!
    1) Under Illinois law, every employee who works a shift of 7.5 hours or more is entitled to an uninterrupted meal break of at least 20 minutes. The break must begin before the fifth hour of work. So the employee who comes in at 8 am must begin a 20-minute meal period before 1 pm. Some states make an exception under the law for employees who are scheduled to work alone. Illinois does not.

    Taking two 10 or 15 minute breaks does not satisfy the legal requirement under the law, which is for a meal break that is at least 20 minutes long. Suppose the employee clocked out at 12:00 pm for a 30 minute break. If a customer came in at 12:21 pm, the employee could clock back in an go to work after a 21 minute break. This would meet the legal requirement for a meal break in Illinois. However, if the customer came in at 12:15 and the employee clocked back in, that would be a 15-minute break, which is not a meal break under Illinois law. The employee would have to clock out again for at least 20 continuous minutes, before 1 pm, in order to comply with the law.

    Keep in mind that under federal law, specifically the FLSA, when a break is less than 20 minutes, the employee must be paid for the break. So an employee who took two 15 minute breaks a few minutes apart would be entitled to payment for both of them.

    One suggestion would be to have someone relieve this worker so she can take a 20 or 30 minute uninterrupted meal break. Another would be for her to take the break at the time when she is least likely to be interrupted, even if that is an inconvenient time to eat. For example, many restaurant employees eat lunch at 10 am, because that is when they are unlikely to be interrupted.

    2) Yes, if the office clerk returns to work 5 minutes early, she must be paid for all the time she works. Under both federal and Illinois minimum wage laws, every employee is entitled to payment for all the time they work. If this results in the employee working 8 hours and 5 minutes today, then she must be paid for 8 hours and 5 minutes. (Many employers round the time to the nearest 15 minutes, but that is a different topic.)

    It is very realistic to expect employees to return from lunch on time. Millions of people across the nation manage it every day. Most employers would not have a problem if the employee clocks in 2 or 3 minutes early or late, but many other employers expect the employee who went to lunch at 12:00 to clock back in at exactly 12:30. Realistically, this means that if she went out to lunch, she returns at 12:25 but waits 5 minutes to clock back in and begin working.

    Some employers have less of a problem if the employee clocks in a few minutes late, because it saves on payroll. A full-time employee who returns from lunch 5 minutes late each day is saving the employer about 21.66 hours of wages per year. If 10 employees do this, that’s 216.6 hours of payroll per year. It is up to the employer to set this standard and enforce it uniformly to avoid illegal discrimination. However, allowing the employee to work unpaid, even for a few minutes, is not an option — it is illegal.

    These are comlex issues, so feel free to post additional questions. HTH, and thanks for reading the blogs!~ Amelia

  94. Posted by: Emily Fuquay

    Hi, I work in Illinois as a cashier. I was told that we can’t have a bottle of water at our workstations. Is this illegal?

  95. Posted by: Amelia

    Hi Emily! It’s a gray area. OSHA worker safety regulations require that employees be permitted to drink water during the shift. However, if the employer provides frequent breaks (say, every 2 hours) then that may meet the standard. Employees who are working outside in hot weather must be allowed to drink water more frequently.

    Having said that, many restaurants, groceries and retail stores prohibit employees from eating or drinking where customers can see them, such as at the cash register.

    If you are not being given regular breaks, contact OSHA at http://www.osha.gov for a reading on your situation. HTH, and thanks for reading the blogs!~ Amelia

  96. Posted by: maria

    I am a salaried manager I am to work 48 hours a week. 4 10 hour days and 1 8 hour day. On my paycheck it says I worked 40 horus is this legal.

  97. Posted by: MARIA

    I am a store manager and work a 10 hour day I am salaried y other employees that work with me are hourly. I sometimes work 10 hour straight and if I try and take a lunch I am frequently interrupted by a customer and I have to stop my lunch and wait on them. This also happens to the other employees who work and are not salaried. Is this legal.

  98. Posted by: Amelia

    Hi maria! Yes, this is probably legal. A salaried employee can be either exempt or nonexempt. Most managers are exempt, meaning they are not entitled to overtime even if they work 80 hours per week or more. It is very common for the exempt employee’s paycheck to show 40 hours. This is standard HR practice. No one is accurately tracking your time because you are never entitled to overtime. HTH, and thanks for reading the blogs!~ Amelia

  99. Posted by: Amelia

    Hi again MARIA! No, this is not legal. As the store manager, you are breaking the law when you do not give employees a meal break of at least 20 minutes on each shift of 7.5 hours or more. The solution is to send one person on a meal break at a time. You will wait on customers while an hourly employee is on break, and the hourly employee will wait on customers while you are on a 20-minute meal break. You need to choose the times for meal breaks when business is slowest, even if that means eating “lunch” at 3 pm, but no later than 5 hours into the shift. HTH, and thanks for reading the blogs!~ Amelia

  100. Posted by: Dustin

    I work overnight at a retail store in Illinois. I was told that eventhough my lunch breaks (30 minutes) are unpaid I cannot leave the store. Is this legal?

    Thanks

  101. Posted by: Amelia

    Hi Dustin! Yes, this is legal in Illinois and most other states. An employee who is relieved of work for an unpaid break can be required to remain on the premises. HTH, and thanks for reading the blogs!~ Amelia

  102. Posted by: Bartholomew

    Hi ,my question is if you work an 8 hour shift not counting lunch break
    Do you have to take you lunch break within the first 5 hours of your shift.
    I work from 8am -430pm. Would I have to take my break by 1pm?

  103. Posted by: Amelia

    Hi Bartholomew! You are almost right. Under the Illinois statute, the lunch break must begin no later than the 5th hour. So you could start your meal break at 1 pm, but if you started it at 1:01 pm the employer would be in violation of the law. HTH, and thanks for reading the blogs!~ Amelia

  104. Posted by: Michelle

    If an employee in Illinois misses lunch due to work volume, can the employer then force the employee to take that time off later in the week to avoid paying overtime?

  105. Posted by: Amelia

    Hi Michelle! Yes, an employer in Illinois can always alter the employees work schedule to avoid overtime. This is actually a sign of a well-managed company. HTH, and thanks for reading the blogs!~ Amelia

  106. Posted by: Josh

    I am a factory worker and we work 3 twelve hour days in a row and then we are off for 3 twelve hour days and so on. During the days that we are off from work another shift is working in our place since our facility continuously operates 24 hours a day. If a worker on our opposite shift takes vacation for their 3 days then we are required by our employer to cover their days including our own which equals out to 9 twelve hour days in a row. Is this legal?

  107. Posted by: Amelia

    Hi Josh! This is a tough schedule, but it is probably legal. The llinois One Day Rest in Seven Act requires only that an employee be given one day of rest in each calendar week. Suppose the employer’s calendar week begins on Sunday. In your example, you might be off on Wednesday one week, and work your regular Thursday, Friday and Saturday. Then you would work Sunday, Monday and Tuesday for an employee on vacation, followed by your shifts on Wednesday, Thursday and Friday. On Saturday you would be off. So, the first week you would be off on Wednesday and the second week you would be off on Saturday. That meets the legal requirement for one day off each week.

    In fact, you could be off Sunday one week, work 12 days in a row and then be off on Saturday the next week, and still have one day of rest per week under the law (which may be why your employer schedules workers this way.) If you feel that the law is being violated, file a complaint with the Illinois Department of Labor or IDOL at the link below. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at:
    http://www.labor.ny.gov/workerprotection/laborstandards/employer/meals.shtm

  108. Posted by: ann

    I am a restaurant manager and was told that i dont get a break because i am on salary. Is this Ok? I am allowed a meal at work, but it’s never interrupted and there are no rules communicated to me about when I can eat except for when it’s not busy.

  109. Posted by: Amelia

    Hi ann! If you mean that your meal is always interrupted, this is a dilemma many exempt Illinnois employees face. The law does not specificallyy exclude exempt employees from meal breaks. However, the person responsible for making sure that your meal break is uninterrupted is… you. HTH, and thanks for reading the blogs!~Amelia

  110. Posted by: Darla

    My employer takes out a mandatory 1/2 hour for lunch. Can they still do this if you work under 5 hours for the day and you haven’t taken the lunch?

  111. Posted by: Amelia

    Hi Darla! No, this is not legal. Under both the federal and Illinois minimum wage laws, an employee must be paid for all the time he or she works. The employer can require that you take an unpaid 30-minute break on a shift of any length. If you do not take the break, the employer can discipline or terminate you. However, if you skip the break you must be paid for that work time. You should respectfully raise this issue with your supervisor. Our best guess is that they will pay you for the breaks, and discipline you for not following the company break policy. If they do not pay you, you can file a wage complaint with the Illinois Department of Labor or IDOL at http://www.state.il.us/agency/idol/. Or, you could simply start following company policy by taking the required breaks. HTH, and thanks for reading the blogs!~ Amelia

  112. Posted by: Shante

    My father has been working for a company for 14yrs. About 5 years ago the company was under a new management. Since than my father has been working 9 hour shifts without a break or lunch. My father was fired from his job because they told my father they have him on tape leaving his station and going to the store to grab him a lunch because he hasn’t been giving a lunch or break. I wanna know is it illegal for him not getting a break or lunch and what should he do.

  113. Posted by: Amelia

    Hi Shante! Unfortunately, the old saying “two wrongs don’t make a right” applies here.

    Yes, under the Illinois One Day Rest in Seven Act, your father was entitled to an unpaid meal break of 20 minutes or more on each shift. He could file a complaint about this with the Illinois Department of Labor at http://www.state.il.us/agency/idol/.

    However, nothing in that law permits the employee to leave the premises for lunch. An employee can be required to remain on the premises during lunch in Illinois. (The employee would be eating a lunch he or she brought from home.) So your father was fired for a) leaving the property without permission and b) doing it while on the clock. Either one of those reasons is enough to fire an employee in Illinois. His best bet is to file for unemployment benefits, and tell them he didn’t know it was against company policy to leave the property. If he is not awarded benefits, he should appeal that decision. HTH, and thanks for reading the blogs!~ Amelia

  114. Posted by: Amanda

    I work from 7:30 AM – 4 PM daily, with a 30 minute unpaid lunch. I have worked at the same place for 2 years. The entire time I have worked here, I have always been given an additional (2) 15 minute breaks.

    Now, my boss tells me that they have never allowed the (15) minute breaks, and a previous employee that hasnt worked here in a year simply “made up” this policy, yet they have allowed me to take the (2) breaks in additional to my lunch every day for two years. Is it legal for them just to stop allowing it after they have this whole time?

  115. Posted by: Amelia

    Hi Amanda! Unfortunately, yes, this is legal. There is no law that an Illinois employer must provide rest breaks to employees. Even though the employer has been doing so for the past 2 years, they can change the policy at any time. That appears to be what they have done. HTH, and thanks for reading the blogs!~ Amelia

  116. Posted by: Lynda

    I am an employer/manager of an early childhood center. I give all employees who work 7 hours a 30 minute break during the children’s nap time, but most employees have been on the clock for over five hours. I just noticed that the employees need to have a meal break by hour five, but the employees do eat lunch with the children at hour 5 or 6, then get a 30 minute break to leave the room when the children are napping. Is this a violation in the state of Illinois?

  117. Posted by: Amelia

    Hi Lynda! Unfortunately, you are in violation of the meal break provisions under the Illinois One Day Rest in Seven Act. That law permits a paid on-duty meal period, but only for employees who work monitoring people who are developmentally disabled or mentally ill. The law requires that you give your employees a meal break before the 5th hour of work, and that they be relieved of duties during the break. Eating with the children is not sufficient, because they are still working at that time. You could be fined up to $100 per employee, for each day the employee is not give a meal break before the 5th hour.

    You employees could be required to eat with the children, if they were given an additional break of 20 minutes or more before the 5th hour of work.

    We also question whether the employees are truly relieved of all duties during the children’s nap time. Are the children really completely unsupervised? That would seem unsafe. Are the employees free to leave the room, go read a book, go outside to smoke, or go into another room and watch a movie on their iPhone?If not, they are not relieved of duties. If a child wakes up during the nap period, do the employees have to stop what they are doing and attend to her? If so, then the employees are not truly on a break.

    In Illinois as in other states, “on break” doesn’t simply mean waiting around with nothing to do. It means that even if there is work to be done, the employee can ignore it and pursue her own interests. Even if the employees are not busy, or not actively performing work, if they are on call, they are working.

    If you have 4 employees working during nap time, and 3 go about their own pursuits for 20 minutes or more while one remains in the room with the children, then the 3 employees would be on a break — but the one employee in the room is not on a break. This is true, even if she is reading a book while the children sleep. HTH, and thanks for reading the blogs!~ Amelia

  118. Posted by: Johnna

    I was wondering how long an employer can leave you on suspension with out letting you know what is happening… and then when is it ok to assume you dont have the job anymore and then go to file for unemployment

  119. Posted by: Amelia

    Hi Johnna! An unpaid suspension can last two weeks or more, but usually the employer keeps in touch with the employee. In many cases, there is a definite date of return. You should try to contact the employer by phone. If they do not return your calls, and you have been off work for 7 days with no indication of when you can return, you can apply for unemployment. HTH, and thanks for reading the blogs!~ Amelia