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Break laws in Illinois for Part time employees Illinois

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  • Break laws in Illinois for Part time employees Illinois


    My employer forces me to take a 30 minute unpaid break every day even though I work only 7 hours. Even if I don't take the break, I am still docked for the half hour. What is the Illinois/Federal law about required, paid/unpaid breaks for part-time employees?

  • #2
    Although the law in Illinois does not require the employer to provide a meal period unless the employee works at least 7.5 hours that doesn't mean they can't require meal breaks if the employees work fewer than 7.5 hours.

    If you are being asked to work through the meal period, you need to make sure your supervisor has approved it and can make the necessary corrections to the time records (I'm assuming an automated time-keeping system). Not taking a meal period when required by company policy (whether the law requires it or not) without the supervisor's approval/request could be grounds for discipline or even termination.
    Last edited by Pattymd; 07-01-2008, 02:48 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      In all 50 states, if the employer says you take a break, you take a break. There is NO state where an employee has the legal right to disobey the employer's requirement as to what hours they work, and that includes breaks. You cannot be required to take less of a break than the law requires, but you can legally be required to take more.
      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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      • #4
        Originally posted by Pattymd View Post
        Although the law in Illinois does not require the employer to provide a meal period unless the employee works at least 7.5 hours that doesn't mean they can't require meal breaks if the employees work fewer than 7.5 hours.

        If you are being asked to work through the meal period, you need to make sure your supervisor has approved it and can make the necessary corrections to the time records (I'm assuming an automated time-keeping system). Not taking a meal period when required by company policy (whether the law requires it or not) without the supervisor's approval/request could be grounds for discipline or even termination.

        If you are being asked to work through the meal period, you need to make sure your supervisor has approved it and can make the necessary corrections to the time records (I'm assuming an automated time-keeping system). Not taking a meal period when required by company policy (whether the law requires it or not) without the supervisor's approval/request could be grounds for discipline or even termination.
        We heard you the first time!
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Originally posted by Betty3 View Post
          We heard you the first time!
          oops. I fixed it.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            There must have been a glitch somewhere. I was just teasing with you - having fun at your expense.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Originally posted by Betty3 View Post
              There must have been a glitch somewhere. I was just teasing with you - having fun at your expense.
              No, it was me. Sometimes I type off the top of my head, then realize paragraphs are better placed somewhere else. No problem.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Originally posted by Pattymd View Post
                Sometimes I type off the top of my head, then realize paragraphs are better placed somewhere else. .
                So it is not just me!!

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                • #9
                  I am not being asked to work through my unpaid 30 minute break, HOWEVER, I do sit at my desk and eat and therefore I am expected to answer the phone or greet visitors if need be. There is also no automated-time keeping system. Is this legal?

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                  • #10
                    I am not being asked to work through my unpaid 30 minute break, HOWEVER, I do sit at my desk and eat and therefore I am expected to answer the phone or greet visitors if need be. There is also no automated-time keeping system. Is this legal?

                    Originally posted by Pattymd View Post
                    Although the law in Illinois does not require the employer to provide a meal period unless the employee works at least 7.5 hours that doesn't mean they can't require meal breaks if the employees work fewer than 7.5 hours.

                    If you are being asked to work through the meal period, you need to make sure your supervisor has approved it and can make the necessary corrections to the time records (I'm assuming an automated time-keeping system). Not taking a meal period when required by company policy (whether the law requires it or not) without the supervisor's approval/request could be grounds for discipline or even termination.

                    Comment


                    • #11
                      If you actually greet visitors or take calls during that time then you need to let someone know so that you can be paid for that time.

                      No law requires an automated time system.
                      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                      Comment

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