Meal Breaks and Rest Breaks for Illinois Employees

Web Admin - Thursday, November 10, 2016

Des Plaines employment law attorneysIllinois businesses, both large and small, must follow all federal and state employment laws. This includes laws that pertain to meal and rest breaks for employees. Failure to do so can have dire consequences, including the possibility of litigation. Whether you are an employer and are uncertain as to how the law applies to your business, or an employee who is concerned you may not be receiving the proper breaks from your employer, the following information can help.

Federal Laws on Paid and Unpaid Breaks

Believe it or not, federal law does not mandate that employees be given meal or rest breaks. However, federal law does state that employers must pay their employees for the hours they work. This extends to short breaks that last between five and 20 minutes, as well as any “meal breaks” that the employee actively works through, since federal law still considers these breaks a part of the work day. As an example, a receptionist who must eat her lunch at the desk to cover the phones must be paid for that meal break. Another would be if a maintenance worker must eat while driving from one job to another.

State Laws on Paid and Unpaid Breaks

Although federal law does not mandate that an employer provide paid or unpaid breaks to their employees, state law does. In fact, Illinois businesses must provide their employees with one meal break if they work at least seven and a half consecutive hours in the work day. The break must be at least 20 minutes long (which can be unpaid or paid, depending on the employer’s preference), and it must take place no later than five hours after the employee’s shift starts. The only time that an employer is required to pay the employee for the lunch break is, again, if the employee must work through their lunch break instead of taking the time off.

Illinois state law also provides special provisions for hotel room attendants (employees who clean guest rooms). Employers must provide them with a slightly longer meal break (at least 30 minutes). They must also provide them with at least two, 15-minute rest breaks if they work for seven consecutive hours in a day. They cannot be required to work during their rest or meal breaks, and they must be provided with a break area and seating in which to take their breaks.

Violations Can Lead to Litigation

If an employer fails to meet state law meal break or hotel attendant break requirements, the employee can file a suit against the employer. It is important to note that, whether you are an employee or an employer in this situation, legal assistance is highly recommended. The Des Plaines employment law attorneys at Drost, Gilbert, Andrew & Apicella, LLC can help. Dedicated and experienced, we will protect your interests. Schedule your consultation by calling 847-934-6000 today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Long Grove real estate lawyer Crystal Lake law firm medical research pizza emoji traffic laws spinal cord injury anesthesia errors medical malpractice vacation home traffic crimes drug crimes lawyer problem employees Illinois corporate lawyer blood alcohol content personal injury claim license reinstatement car accident lawyer suspended license foreclosed rental property Buffalo Grove insurance claim dispute lawyers Illinois elder law attorney Illinois speeding lawyer insurance claim delay Rolling Meadows tax attorney Des Plaines DUI attorney Des Plaines medical malpractice attorney Inverness corporate attorney Crystal Lake business law attorneys workers compensation benefits Schaumburg employment law attorneys life insurance lawyer insurance claim dispute clemency real estate contract Rolling Meadows probate lawyer involuntary manslaughter pedestrian-automobile accident Illinois employment law attorney Des Plaines pet law attorney TBI Des Plaines drug crimes lawyer Illinois insurance lawyer Kenilworth estate planning attorney employee misclassification digital evidence swimming pools Schaumburg Attorney Schaumburg injury lawyer dog bites probate process trusts ObamaCare estate attorney employment attorney GM ignition switches license revocation Attorney Ken Apicella unpaid assessment Illinois medical malpractice claim Crystal lake insurance dispute attorney Des Plaines injury law firm estate planning attorney Deer Park traffic lawyer Des Plaines criminal attorney Illinois attorney Deer Park employment law attorney Barrington estate planning attorney living wills drugs Buffalo Grove personal injury attorney Chicago lawyer product liability Inverness accident lawyer Crystal Lake pedestrian accident lawyer income distribution deducation Long Grove estate planning attorneys sexual images employment law Illinois estate planning attorney Affordable Care Act Palatine corporate attorney Illinois employment law Illinois employee rights attorney. Barrington civil litigation attorney drug crimes Palatine personal injury lawyer drug possession Rolling Meadows employment attorney bicycle dooring accidents bicycle accidents premises liability DNR Barrington workers compensation attorney DMV Crystal Lake personal injury lawyer PTSD Des Plaines real estate attorney Family Medical Leave Act compensatory time Illinois traffic laws construction contracts Inverness probate lawyer Crystal Lake traffic lawyer Illinois workers compensation lawyer Illinois Wage Payment and Collection Act Mount Prospect elder law attorney Long Grove estate planning attorney personal injury lawyer Chicago car accident lawyer Self-Directed IRA Accounts underinsured motorist probate claims unfunded trust Illinois criminal law Arlington Heights pedestrian accidents Illinois insurance claim dispute lawyers Arlington Heights real estate lawyer liens Des Plaines Illinois traffic accident lawyer motorcycle accident Retaliatory Discharge wage theft Buffalo Grove employment lawyer Crystal Lake bike accident lawyer pain and suffering sole proprietorship condo loopholes Rolling Meadows Attorney pet law power of attorney for healthcare Buffalo Grove injury lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois living will Illinois Workers’ Compensation Commission Illinois wills and trusts Schaumburg criminal law attorney Palatine civil litigation lawyer Rolling Meadows marijuana attorney Rolling Meadows drug defense attorney living trust vs will Illinois driving without license Colin H. Gilbert breach of contract defective products lawyer Illinois insurance claims lawyers Rolling Meadows criminal lawyer workplace sexual harassment Illinois will lawyer Arlington Heights injury attorney preventing accidents holiday statistics Inverness real estate lawyer Arlington Heights wills and trusts lawyers overtime pay Palatine punch death Des Plaines real estate lawyer Illinois workers compensation attorney Palatine construction attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Detainer Actions rent to own real estate contracts Barrington estate planning lawyer Illinois trucking safety life insurance Arlington Heights medical malpractice lawyer hiring employees consent to a search power of attorney Deer Park real estate law firm truck collisions car accidents federal crimes medical marijuana Illinois civil litigation lawyer Forcible Entry Schaumburg traffic lawyer real estate closing medical malpractice claims IRA trust transfer Illinois criminal defense attorney Buffalo Grove traffic attorney wrongful death Inverness personal injury attorney Illinois defective products attorney Palatine probate lawyer Schaumburg estate planning lawyer real estate attorney mass shooting minimum wage Rolling Meadows employment law attorney Palatine employment attorney independent contractor Illinois construction accident attorney commercial leasing Schaumburg personal injury attorney Des Plaines personal injury attorney Crystal Lake pet attorney Illinois wrongful termination lawyer Illinois personal injury attorney Barrington criminal lawyer unauthorized overtime Illinois small business real estate lawyer insurance denial appeals first degree murder severance agreements Schaumburg insurance lawyers Des Plaines personal injury lawyer Thanksgiving bad faith insurance claims insurance agents Chicago trucking accident attorney traffic deaths Crystal Lake injury attorney Schaumburg car accident attorney Des Plaines insurance attorney Buffalo Grove criminal defense lawyer Class A misdemeanor Rolling Meadows criminal attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Arlington Heights insurance attorney insurance dispute attorney Illinois registered agent South Barrington real estate lawyer Barrington personal injury lawyer Chicago will attorney insurance agent negligence Rolling Meadows business lawyer DUI attorney texting and driving Arlington Heights car accident lawyer Crystal Lake criminal defense attorney fiduciary rule Rolling Meadows DUI lawyer Crystal Lake car accident attorney Crystal Lake car accident lawyer Illinois home inspection Schaumburg traffic offenses insurance disputes Deer Park motorcycle accident lawyer marijuana crimes attorney traumatic brain injuries uninsured motorist Crystal Lake tax lawyer Palatine workers compensation lawyer caregiver condo association personal injury personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys low-ball insurance settlement vacation home fines internet insurance attorney Schaumburg probate attorney Illinois traffic attorneys Chicago estate planning lawyer Crystal Lake medical malpractice law firm traumatic brain injury Arlington Heights Traffic Lawyer Schaumburg construction accident lawyer Barrington litigation attorney Palatine real estate lawyer Palatine drug lawyer civil litigation business litigation Arlington Heights employment law attorneys living trust Inverness injury lawyer BUI Rolling Meadows insurance lawyer Illinois workplace lawyer automated cars traffic violations defense license head on collisions Illinois trusts attorney crossover accidents Schaumburg criminal attorney jet ski employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, agent pet bites Illinois Human Rights Act bike accident Arlington Heights traffic attorney Legal Info investment property Barrington criminal defense lawyer civil rights violation Illinois employment law attorneys Rolling Meadows litigation lawyer Illinois collections attorney Crystal Lake estate planning lawyer commercial real estate construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Des Plaines Traffic Lawyer Schaumburg civil litigation attorney CAM overtime violations Des Plaines claims law firm insurance adjusters Palatine insurance lawyer Schaumburg corporate attorney Long Grove real estate attorney Barrington employment law firm attorney fees Barrington real estate lawyer trucking accident lawyers Chicago biking tips Illinois mortgages capital gains tax texting while driving fault based insurance Landlord Tenant Ordinance jet ski accidents personal injury claims corporate law Barrington medical malpractice lawyers Palatine corporate law attorneys Inverness DUI lawyer estate planning denial of life insurance Illinois personal injury Crystal Lake will lawyer blended families spinal cord injuries rollover accidents privacy laws meal breaks Barrington injury attorney Illinois car accident attorney homestead rights Illinois medical malpractice case POA controlled substance pedestrian accident Whistleblower Claims Fourth of July Illinois traffic ticket lawyer reckless homicide criminal record Palatine business attorney back injuries liability claims surgical mistakes speeding DGAA Crystal Lake employment lawyer financial advisors car accident Palatine traffic accidents construction accidents Federal Food Drug and Cosmetic Act Inverness civil lawyer tax attorney Arlington Heights estate planning attorney Illinois business law atorneys Arlington Heights wills and trusts attorney Schaumburg drug defense lawyer wrongful termination Illinois employment attorneys trust payments right to work Chicago attorney Barrington Traffic Lawyer Barrington Illinois estate planning lawyer murder Rolling Meadows personal injury lawyers deadly crashes Illinois lawyer Kenilworth estate planning lawyer Des Plaines tax law firm Rolling Meadows boating crash lawyer Illinois DUI attorney startup company Employment Discrimination Law civil litigation attorney distracted driving accident victims Colin Gilbert changes to mortgage law Joliet general practice lawyers rollover car crashes Buffalo Grove personal injury lawyer health insurance dispute BAIID Arlington Heights lawyer gift taxes Rolling Meadows Home Remodeling Repair Act Inverness traffic law firm probate lawyer employee rights preventable medical errors Arlington Heights Attorney landlord tenant law Crystal Lake employment attorney Deer Park accident attorney Des Plaines civil attorney boating DUI defective products institutional trustee Deer Park medical malpractice attorney Illinois insurance attorney insurance claim Illinois Transfer on Death Instrument operating agreements Illinois estate planning real estate Transfer on Death Instrument Deer Park personal injury lawyer Arlington Heights TBI attorney employees distracted driving accidents Rolling Meadows insurance dispute lawyers federal regulations for LLCs insurance claims Illinois insurance claim attorney elder law IRELA Illinois personal injury lawyers wills llinois Real Estate Lawyers Association Chicago employment lawyer Buffalo Grove real estate attorney home inspection lawyer Illinois wills and trusts attorneys Illinois medical malpractice lawyers modern family estate planning food poisoning healthcare claims Rolling Meadows insurance dispute lawyers, insurance dispute residential real estate trustee Illinois motorcycle accident lawyer car collision Palatine injury attorney boating under the influence Illinois insurance dispute lawyers estate planning for college students insurance claim denials Barrington employment law attorney expungement Barrington employment attorney Arlington Heights criminal lawyer Illinois employment laws workers compensation in terrorem provision license suspension Buffalo Grove probate lawyer trucking accidents guardianship attorney college kids dynasty trusts digital information estate tax insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois insurance disputes real estate leasing DUI penalities Illinois law dram shop law unpaid overtime Deer Park criminal attorney social media after death living trust benefits criminal defense Do Not Resuscitate appealing an insurance claim caretaker rights landlord Illinois LLC creation murder defense Inverness real estate attorney Illinois injury lawyer denied insurance claims Illinois medical malpractice attorney cell phone accidents Palatine traffic lawyer Crystal Lake insurance lawyer paid sick leave Illinois personal injury lawyer Rolling Meadows medical malpractice lawyers filing a medical malpractice claim Des Plaines motorcycle accident attorney Illinois red light cameras senior citizens traffic violations Illinois Probate Act of 1975 Schaumburg personal injury lawyers Palatine estate planning lawyer sexual harassment employment contract icy parking lots probate car crash Illinois jet ski accident lawyer Palatine employment lawyer Des Plaines collections attorney Rolling Meadows employment law attorneys Crystal Lake traffic attorney Arlington Heights wills and trusts attorneys Schaumburg elder law lawyer Schaumburg real estate lawyer employment law, Illinois employment laws estate planning trusts Illinois real estate insurance claim dispute attorney child safety Chicago will attorney, social media platforms, Illinois estate planning lawyer, Des Plaines drug lawyer traffic accidents drunk driving privacy driving Buffalo Grove medical malpractice lawyers breathalyzer test fiduciary rule delay Palatine trusts lawyer owner responsibility Crystal Lake medical malpractice lawyer FMLA Crystal Lake employment law attorney Illinois pet lawyer Rolling Meadows traffic law firm School Visitation Rights Act boating accidents Arlington Heights employment attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Crystal Lake accident attorney advance healthcare directive field sobriety test disability benefits medical malpractice compensation underage DUI ken apicella pedestrian injuries, pedestrian fatality commercial leases Deer Park DUI lawyer Barrington boating accident attorney natural gas explosion personal injury accidents Chicago corporate attorney comparative negligence forming a corporation in Illinois real estate attorneys life insurance policy loss of consortium rumble strips wills and trusts small business Inverness insurance attorney contracts Rolling Meadows traffic attorney BAC Riverwoods estate planning lawyer taxes Arlington Heights personal injury attorney Buffalo Grove law firm new real estate form Illinois job attorney work unions IRA benefits Barrington business law firm brain injury Schaumburg estate planning attorney Palatine Attorney Buffalo Grove traffic lawyers trench injuries drug crime Chicago insurance claim attorneys Illinois bicycle safety Palatine employment law lawyer golf accidents life insurance claims Mt Prospect Attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, Rolling Meadows personal injury attorney Schaumburg employment attorney rest breaks estate plan Illinois employment lawyer fatal car accidents healthcare Illinois pedestrian accident attorney denied insurance claim Rolling Meadows corporate lawyer Rolling Meadows Traffic Lawyer Illinois estate planning law firm Illinois traffic attorney natural gas murder charges insurance claim denial criminal IRS Schaumburg wrongful death attorney LLCs Long Grove wills and trusts attorneys Schaumburg personal injury lawyer no contest clauses probate claims process Palatine criminal defense lawyer South Barrington real estate attorney manufacturing probate fees Liquor Control Act liability real estate zoning Home Sale Contingencies Illinois boating accident lawyer Buffalo Grove car accident lawyer Schaumburg medical malpractice lawyer Illinois business lawyer Palatine law firm Exclusions medication errors Illinois real estate lawyer Arlington Heights accident attorney car crashes pay when paid contract Chicago insurance law firm FSLA DUI defense Food and Drug Administration's Food Safety Modernization Act job lawyers eluding a police officer Illinois Sales Representative Act Rolling Meadows accident lawyer digital assets Deer Park workers compensation lawyer irrevocable trust estate planning lawyer Mount Prospect wills and trusts lawyers auto accidents Illinois tax attorney products liability Rolling Meadows estate planning attorney hit and run accident Palatine elder law attorney personal injury attorney Illinois employment law firm Arlington Heights trucking lawyer Arlington Heights tax lawyer revenge porn slip and fall accidents hands free device trauma after an accident car accident lawyers nursing home negligence comp time insurance dispute Long Grove estate planning Des Plaines accident attorney Rolling Meadows car accident lawyers Mount Prospect real estate lawyer Policy Cancellation accidental death benefits Rolling Meadows insurance attorney Arlington Heights wills and trusts lawyer Super Mario employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys pregnant women ACA Barrington personal injury attorney Chicago employment attorney Barrington attorney car crash injuries insurance denials Chicago estate planning medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois rollover accident lawyers mortgage Buffalo Grove corporate attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, dealing with problem employees DUI Rolling Meadows personal injury lawyer deed transfer Kenilworth estate planning attorneys traffic tickets employment lawyer Barrington drug crime attorney Crystal Lake personal injury attorney Schaumburg estate attorney employee discrimination estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois probate lawyer Palatine civil attorney Chicago traffic lawyer elder abuse Arlington Heights car crash attorneys personal injury law firm Crystal Lake medical malpractice attorneys subcontractor Illinois workplace discrimination attorney drunk driving statistics marijuana Illinois insurance claim dispute lawyer creditors Inverness estate planning lawyer Des Plaines personal injury lawyers whistleblower protections Crystal Lake civil litigation lawyer insurance negligence special needs trust Illinois Smoke Detector Act workers comp Arlington Heights personal injury lawyer slip and fall Rolling Meadows real estate attorney Jay Andrew underfunded trust motorcycle accident lawyer Deer Park traffic accident attorney pedestrian accidents cell phone tower data installment contracts cell phone foreclosure Fair Labor Standards Act Inverness elder law lawyer