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Not allowed breaks in a 8hr+ day Illinois

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  • Not allowed breaks in a 8hr+ day Illinois

    So, I can tell that my days are numbered at my job 'cause there have been some shady dealings going on at my employment. What is my recourse if i am not allowed my regulated 2-15 min breaks and a lunch break when working more than 8 hours a day? I have been with my job for almost 3 yrs, and hardly ever get a break or my 30 minute lunch break....

  • #2
    I hope I speak for all of the responders here when I say coming here to find retalitaion tactics because your job is coming to an end is not the purpose of the site.

    Had you come looking for advice on how to get your breaks...that would be different, but you seem to be in search of a way to cause trouble for your soon to be ex-employer.

    If I don't speak for the others, at the very least you have my opinion. If this was something that was a true concern of yours, you would have sought out a rememdy before feeling as if your job was in jeopardy!
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      Your recourse for not getting rest breaks required by law (which provides for only 10-minute breaks for nonexempt employees, not 15-minute breaks) and meal breaks is to file a complaint with the state Dept. of Labor. But you should have done that long ago; now it just seems like a disgruntled employee trying to make trouble. Having said that, there is no prohibition against filing such a claim now; just not sure how long the state DOL will go back.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        In Illinois, no rest breaks of any kind are required. The only break required by Illinois law (no breaks are required by Federal law) is a 20 minute meal break for employees who work over 7.5 hours.

        http://www.state.il.us/agency/idol/faq/qaodrisa.htm
        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
          You're right, cbg. I sit corrected; was relying on memory; oops.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Originally posted by cbg View Post
            In Illinois, no rest breaks of any kind are required. The only break required by Illinois law (no breaks are required by Federal law) is a 20 minute meal break for employees who work over 7.5 hours.

            http://www.state.il.us/agency/idol/faq/qaodrisa.htm
            Your link will take you to the law re above 820 ILCS 140/3 - right below that law is 820 ILCS 140/3.1 re hotel room attendants.
            (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.
            This Section does not apply to employees for whom meal periods are established through the collective bargaining process.
            This Section does not apply to employees who monitor individuals with developmental disabilities or mental illness, or both, and who, in the course of those duties, are required to be on call during an entire 8 hour work period; however, those employees shall be allowed to eat a meal during the 8 hour work period while continuing to monitor those individuals.
            (Source: P.A. 88‑73.)
            (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.)
            Last edited by Betty3; 06-17-2010, 08:46 AM.
            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


            • #7
              Betty3, I think that provision regarding rest breaks for hotel attendants was repealed.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by Pattymd View Post
                Betty3, I think that provision regarding rest breaks for hotel attendants was repealed.
                It's currently under the Il. DOL web site - cbg's link will take you to it & also under the US DOL web site eff 2010 --
                http://www.dol.gov:80/whd/state/rest.htm

                There was a court case (couple yrs. ago) but per what I had read in a HR newsletter it was to do with the NLRB & if there was a contract to the contrary or something like that. I don't think it was saying the breaks are eliminated (the court case completely eliminated them). It talked of CBA/NLRA & their effect on various laws ..... I'm not even sure the court case still applies or to breaks anyway. There was confusion. From what I got out of the newsletter, the break law still applies to hotel attendants.
                Per my loose leaf reference booklet (employment law) from 1-2010, because of that court case & the confusion, the Il. DOL "re did" (rewrote) the law 8-09 (was originally written prior to that) so employers/employees would still know it applied. Makes ref. that the current laws apply-- 820 ILCS 140/3 & 820 ILCS 140/3.1.

                It's not going to apply to the vast majority of employees in Il. anyway.

                That's just what I have, Patty. I wouldn't think the IL. DOL site & US DOL site would have it currently applying if it didn't any longer.
                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
                  In any case, unless the OP is a hotel room attendant, the point is moot.
                  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


                  • #10
                    Agree but since the OP mentioned 2 15 min. rest breaks & a 30 min. lunch break, made me think of the hotel room attendant break info.
                    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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