Illinois Lunch and Break Law
August 20th, 2005 Posted by SarahI 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 by: Dan
Does the Illinois law require two rest breaks of 15 minutes to other business besides hotel room attendants ?
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
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?
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
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?
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
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? ? ?
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
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?
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
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
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
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.
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
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?
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
Posted by: Catherine
Is there a requirement that you get a second meal period if you work say 12 or 16 hours?
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
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?
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
Posted by: Aaron
Hi, I was wondering if I worked a 4hr shift am I entitled to a break?
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
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
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
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?
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?
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
Posted by: Stacy
If a person is laid off for a week, can they use their vacation time to make up the money difference?
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
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?
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
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
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
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!
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
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?
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
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?
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
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.
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
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?
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
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?
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
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.
Posted by: barb
i work 6 1/2 hours am i entitled to a break of 10 min or more
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
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
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?
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
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!
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
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!!
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
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?
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
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!
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
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
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
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?
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
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
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
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!
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
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.
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
Posted by: Amelia
Does the 20 minute meal period need to be unpaid?
Thank You
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?
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
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