DGAA bLAWg

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.


Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2407&ChapterID=68
https://www.dol.gov/general/topic/workhours/breaks

Recent Posts


Tags

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

Archive