Illinois Lunch and Break Law

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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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

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