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Can You Sign A Lunch Break Waiver? Illinois

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  • Can You Sign A Lunch Break Waiver? Illinois

    I am in Illinois and I work at a part time job. I work two days a week 10 hours a day, from 9pm - 7am.

    This job is perfect for me to earn extra money. Now here's the thing, we don't get lunch. No one who works the front desk does. Other employees do punch out for lunch. It's a small private club.

    This club is a total mess when it comes to everything. They seem to have so many violations of the rules it's comical. But since I'm only part time, nothing effect me really. And if it did I could just quit.

    We recently got a two new employees at the front desk and they are insisting that they be allowed a half hour lunch. This means if the club give it to them, they would have to

    A) Extend the hours by half an hour
    b) Or cut people's days from 8 hours to 7.5 hours a day.

    Here's the thing, I don't want to take a lunch. I don't care. I don't eat lunch. It's an overnight shift so what would I do with a half hour anyway. And from 12:30am - 5:30am, I am the only one there, which means I would have to take lunch before midnight or after 5:30am.

    I believe by law since I am a punched employee they have to give me a lunch break. I guess the company may be thinking of it as a "paid lunch." Since in the past they just let the employees eat at the desk while they work.

    So the question is, I am fine with the status quo. Even if it is against the law, I am happy, probably because it's part time. But if the new employees force the issue and are granted lunch. It probably means I am going to have to extend my day to 10.5 hours (a half hour of which will be an unpaid lunch).

    Seeing as it's a second job, I'm not looking forward to staying over a half hour extra.

    Long story short, (I know too late ) Is there anyway for a punch employee in Illinois to waive his lunch break and still keep it legal.

  • #2
    Oh yeah it's a small club, it's run as a non-profit, (though it's not a charity), it has over 50 employees, and of which about 20 are over 40 hours.

    Thanks for your input

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    • #3
      Illinois law requires a lunch break for employees who work more than 7.5 hours in a day. The employees are within their rights to insist on it. Off hand, I don't know if the state of IL would accept a waiver or not.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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