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Question on Illinois lunch breaks and break laws

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  • Question on Illinois lunch breaks and break laws

    I am wondering if anyone knows the laws on Illinois break times. How many hours do I have to work before I am allowed a break? My employer currently allows us a 20 min. break after 3 hours, a 30 minute off the clock lunch break after 3 more hours, and a 10 minute break 3 hours after than. Then...we are not allowed another break unless we are working at least one hour over our specific time to get off. Is this correct? Thanks for any info!!

  • #2
    Hello.

    Here you can fiind the state laws on meal periods:

    http://www.dol.gov/esa/programs/whd/state/meal.htm

    Illinois

    20 minutes, after 5 hours, for employees who are to work 7 continuous hours or more.

    Statute

    Excludes employees whose meal periods are established by collective bargaining. Different requirements apply to employees who monitor individuals with developmental disabilities and/or mental illness.

    And for breaks:

    http://www.dol.gov/esa/programs/whd/state/rest.htm

    There is no federal or state law requiring breaks.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      Lunch time forced

      Illinois--What about cases where employees work less that 5 hours? Can an employer simply automatically take 30 minutes out whenever he wishes, regardless of the length of a shift?

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      • #4
        If the employer wants you to take a lunch period, you take it, no matter whether or not the law requires that one be provided. However, it cannot be deducted from your hours if you do not take it, but you could be disciplined for not following policy.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          How can I verify this? My daughter is telling me her employer docks them 1 hour's pay as punishment if they don't clock out for 1/2 hour for lunch.

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          • #6
            What do you want verified? The link appears clear to me.

            However, an employee CANNOT be disciplined by the docking of pay. If the employee worked, they must be paid. If your daughter's employer is docking her an hour's pay as a disciplinary action, she should report this to the state Dept. of Labor and file a claim for unpaid wages.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Illinois Laws on breaks

              What is the break laws If you work in a restraint For Servers & back of the house

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              • #8
                The Illinois law on breaks is the same for EVERYONE. The only exception I know of is certain hotel workers.
                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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                • #9
                  Now I have a Question. What can I do if my boss refuses to allow me to take my break when I worked 8 hours? This is not the first time it has happened, and I am getting really sick of it and need to know what to do

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                  • #10
                    sarahsmommy08 has now started their own new thread. I will close this thread from 2005 which also got posts from 2007. We don't want any more new posts posted to this old thread.


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