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Unpaid breaks Illinois

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  • Unpaid breaks Illinois

    My employer (Illinois) gives us a 1 hour unpaid break for lunch, and no paid breaks at all. They are now requiring us to punch out for cigarrette breaks, therefore using time from our unpaid lunch hour.

    Is that legal? Can they do that? If not, then is there any documentation proving so?

    Thanks.

  • #2
    Illinois law requires ONLY that if you work 7.5 hours or more, you be given an unpaid meal break of 20 minutes. Unless you are a hotel worker, and even then depending on your position, there is no requirement that you receive any paid breaks.

    No law anywhere in the US requires that you be given cigarette or smoke breaks.
    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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    • #3
      However, here IS the law that states that, if breaks are provided, if they are less than 20 minutes in length, they must be paid.
      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.18.htm
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        You know your employer better than I, but my sense is that they wouldn't have begun requiring that you clock out for smoke breaks unless there was a lot of abuse. So, since smoke breaks are not required by law and you're already getting more of a break than the law requires, be prepared for them to disallow smoke breaks altogether if too much of a fuss is made.
        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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        • #5
          Breaks

          Originally posted by Pattymd View Post
          However, here IS the law that states that, if breaks are provided, if they are less than 20 minutes in length, they must be paid.
          http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.18.htm
          So if your employer says "Yes-you may take a 15 minute break" that means they have to pay for it. What does "if breaks are provided" mean exactly? My employer just told me I can take a break........but unpaid. Seems kind of a grey area.

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          • #6
            Maverick, please start your own thread. And make sure you indicate your state.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

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