Worker’s Rights and Protections – Are You Entitled to a Meal Break?

Web Admin - Saturday, October 21, 2017

Illinois employee rights attorneyEmployers may know the laws that pertain to their business and the rights that their employees possess, but they are not always willing to reveal such information. For example, an employer might not explain to you that you may be entitled to time off work under the Family Medical Leave Act if your child, spouse, or parent becomes ill. Some may even know you are dealing with an illness in the family and refuse to tell you because it would hurt their bottom line. 

Rest breaks – particularly lunch breaks – are another area where employers are sometimes less than straightforward. They may imply that you are not entitled to one, or they may avoid your questions if you ask. Some will even go so far as to terminate an employee that asserts their rights, but they will usually try to find another reason to list in their files because they know it could land them in legal trouble. Learn more about your rights to rest breaks, and discover what an experienced attorney can do for you in your wrongful termination or unpaid wages case. 

Employee Meal Breaks in Illinois 

While there are several federal labor laws that protect employees from discrimination and harassment, those pertaining to meal breaks fall under each state’s jurisdiction. As such, an employee’s right to a meal break is governed by Illinois state law, which states that employees are entitled to a meal break after they work 7 ½ hours in a day. The break may be unpaid, but it must last at least 20 minutes. The employee cannot be required to perform work duties while on their break, and they cannot force an employee to stay on premises unless certain criteria apply. 

When Employers Fail to Provide Breaks 

Employers who violate state law by not providing meal breaks to eligible employees may be held liable for their actions by the state or through litigation. The latter typically stem from cases brought against the employer by former employees, who may be seeking lost wages or other damages. Employees may be eligible for additional compensation if they were wrongfully terminated for trying to assert their right to a rest period. 

Unfortunately, the legal process for pursuing damages is both complex and arduous. Employees are also at a distinct disadvantage in employment litigation matters. Much of this is due to the employer’s access to resources, including that of a legal professional to protect their business. Employees are encouraged to seek experienced legal assistance with their wrongful termination or rights violation case. 

Contact Our Schaumburg Employee Rights Attorney 

If you or someone you love has experienced a loss because of a violation of meal or rest periods, contact Drost, Gilbert, Andrew & Apicella, LLC for assistance. Dedicated and experienced, our Schaumburg employee rights attorneys can aggressively represent your case. No matter what the situation, we will pursue the most favorable outcome possible. Get started by scheduling a personalized consultation. Call 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.

Source: https://www.illinois.gov/idol/FAQs/Pages/meals-breaks-faq.aspx

Recent Posts


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