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Break periods Illinois

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  • Break periods Illinois

    Hello, could you please advise me on the current law governing a food service worker in a select service hotel working a 4.5 hour shift. Is this worker entitled to breaks. If so, paid or unpaid?
    Thank you

  • #2
    Sorry, with 4.5 hours only worked, there is no break required under the law.

    (820 ILCS 140/3) (from Ch. 48, par. 8c)
    Sec. 3. Every employer shall permit its employees who are to work for 7 1/2 continuous hours or longer, except those specified in this Section, at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period.
    http://www.ilga.gov/legislation/ilcs...n+Seven+Act%2E
    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
      The only employees entitled to "rest" breaks in Il. are hotel room attendants in Cook County - min. of 2 15-min. paid rest breaks in each workday the hotel room attendant works at least 7 hrs. (They would also get a 30 min. meal period.)

      (unless there is a binding employment contract to the contrary)
      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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      • #4
        I would also like to say if you are union you may want to look into union contract booklet .

        Comment


        • #5
          Jeff, please do not reply to old threads - thanks. (& the original poster was told there could be an employment contract to the contrary)
          Last edited by Betty3; 02-09-2010, 04:48 PM.
          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.

          Comment


          • #6
            In addition, I think I read that this Cook County law has since been overturned.
            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
              Another reason not to respond to old threads....
              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.

              Comment


              • #8
                Originally posted by Pattymd View Post
                In addition, I think I read that this Cook County law has since been overturned.
                Patty, this is from a link from the Il. DOL.

                (820 ILCS 140/3.1)
                Sec. 3.1. Hotel room attendants.
                (a) As used in this Section, "hotel room attendant" means a person who cleans or puts in order guest rooms in a hotel or other establishment licensed for transient occupancy.
                (b) This Section applies only to hotels and other establishments licensed for transient occupancy that are located in a county with a population greater than 3,000,000.
                (c) Notwithstanding any other provision of law, every hotel room attendant shall receive a minimum of 2 15‑minute paid rest breaks and one 30‑minute meal period in each workday on which the hotel room attendant works at least 7 hours. An employer may not require any hotel room attendant to work during a break period.
                (d) Every employer of hotel room attendants shall make available at all times a room on the employer's premises with adequate seating and tables for the purpose of allowing hotel room attendants to enjoy break periods in a clean and comfortable environment. The room shall have clean drinking water provided without charge.
                (e) Each employer of hotel room attendants shall keep a complete and accurate record of the break periods of its hotel room attendants.
                (f) An employer who violates this Section shall pay to the hotel room attendant 3 times the hotel room attendant's regular hourly rate of pay for each workday during which the required breaks were not provided.
                (g) It is unlawful for any employer or an employer's agent or representative to take any action against any person in retaliation for the exercise of rights under this Section. In any civil proceeding brought under this subsection (g), if the plaintiff establishes that he or she was employed by the defendant, exercised rights under this Section, or alleged in good faith that the defendant was not complying with this Section, and was thereafter terminated, demoted, or otherwise penalized by the defendant, then a rebuttable presumption shall arise that the defendant's action was taken in retaliation for the exercise of rights established by this Section. To rebut the presumption, the defendant must prove that the sole reason for the termination, demotion, or penalty was a legitimate business reason.
                (h) In addition to the remedies provided in Sections 6 and 7, a person claiming violation of this Section shall be entitled to all remedies available under law or in equity, including but not limited to damages, back pay, reinstatement, or injunctive relief. Any person terminated in violation of this Section shall recover treble his or her lost normal daily compensation and fringe benefits, together with interest thereon, and any consequential damages suffered by the employee. The court shall award reasonable attorney's fees and costs to a prevailing plaintiff in an enforcement action under this Section.
                (Source: P.A. 96‑328, eff. 8‑11‑09.)

                PS - My understanding is Cook County is the only county to meet the population requirement. I haven't heard law has been repealed.
                Last edited by Betty3; 02-10-2010, 09:03 AM. Reason: add PS
                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.

                Comment


                • #9
                  This is what I have.
                  http://www.scotusblog.com/wp-content...4_lower_op.pdf
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Too bad. That was sort of a fun law in a "Bizarre labor laws for $200, Alex" kind of way.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      Patty, I didn't read that whole court case to know what it is all about but it is from 2008.

                      The US DOL link to all states also shows breaks for some hotel room attendants Il. link revised 12-2009 to take effect 2010

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

                      I also have a ref. in a loose leaf binder 1-10 with breaks required for some hotel room attendants Il.
                      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.

                      Comment


                      • #12
                        Patty, I went & read the whole court case from 2008 but pretty quickly. I don't think it is saying the breaks are eliminated (the law completely eliminated). It talks of CBA/NLRA & their effect on various laws .....

                        All current info I can find incl. Il. DOL says breaks are required when applicable (when meets law requirements) for hotel room attendants.
                        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.

                        Comment

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