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Illinois - Lunch Break and 2x15 minutes Break

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  • Illinois - Lunch Break and 2x15 minutes Break

    I'm a newly manager and I have an hardtime about the laws on break and lunch break. One of my employee, told me last time that he was eating his lunch during one of his two 15 minutes break. I have to add that in our company whe ask employees to take a 30 minutes lunch break during their 8 hours of work but it is sometimes difficult I have to admit.
    On the over hand my boss told me that if they take a 30 minutes lunch break in this case they don't get the 2 x 15 minutes break.
    I would like to know what is true and what is not before I start to display a note.

  • #2
    I can tell you what the law says, but you'll have to see what your company policy says.

    In Illinois, an employee who works a 7 1/2 hour shift or longer is entitled to a 20 minute meal break beginning no later than 5 hours into the work period. That's it. Nothing in either Federal or Illinois law requires an employer to give an employee two 15 minute breaks (in fact, with the single exception of Oregon and only sometimes in Oregon, no state requires two 15 minute breaks although there are five or six which require 10 minutes for each 4 hours worked). Nothing in either Federal or Illinois law requires an employer to give a 30 minute break either; or any breaks at all to employees who work shifts of less than 7 1/2 hours.

    If the employer wants to offer additional or longer breaks they certainly can, which is why I also suggested that you look to the company policy. But the only break an employee in your state is entitled to by law, is a 20 minute meal break as described.
    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
      Reply to moderator

      Dear Moderator,

      Do you know where I can find any official text mentionning these things you just told me? (a website or a book)

      Thank You,
      Mickael

      Comment


      • #4
        Sure.

        Here you go, from the Illinois Department of Labor website:

        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.

        Comment

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