Illinois Labor Laws Breaks: Everything You Need to Know

As an employee in Illinois, you are entitled to breaks during your workday to enable you to recharge and refocus. However, the Illinois labor laws on breaks can seem a bit complicated and confusing, making it hard to know what your rights are. This article aims to help you understand the Illinois labor laws on breaks and your entitlements and responsibilities as an employee.

What are the Illinois Labor Laws on Breaks?

The Illinois labor laws on breaks are governed by the state labor laws, which mandate certain breaks for employees and provide guidelines for employers on how to implement these breaks. According to the Illinois labor laws, employees are entitled to rest breaks and meal breaks under certain circumstances. Here is what you need to know:

Rest Breaks: Rest breaks are short breaks that employees are entitled to take during their workday. In Illinois, employees are entitled to a 10-minute paid rest break for every 4 hours of work they complete. This means that if you work for 8 hours, you are entitled to two 10-minute breaks. However, your employer is not required to give you your rest break if they have a good reason not to.

Meal Breaks: Meal breaks are longer breaks that are not paid for, and employees are entitled to them if they work beyond a certain number of hours. In Illinois, employees who work for more than 7.5 hours in a day are entitled to a meal break of at least 20 minutes. If you work for more than 10 hours, you are entitled to a second meal break of at least 20 minutes.

What are My Entitlements under the Illinois Labor Laws on Breaks?

Rest Breaks: Under the Illinois labor laws, you are entitled to a 10-minute paid rest break every 4 hours of work up to and including your 7th hour of work. If you work for 8 hours, you are entitled to two 10-minute breaks. Your employer may provide you with additional rest breaks, but they are not required to do so under the law.

Meal Breaks: If you work for more than 7.5 hours in a day, you are entitled to a meal break of at least 20 minutes. This break should be uninterrupted, and you should be free to leave your workstation during the break. If you work for more than 10 hours in a day, you are entitled to a second meal break of at least 20 minutes.

What are the Employer’s Responsibilities under the Illinois Labor Laws on Breaks?

Rest Breaks: Under the Illinois labor laws, your employer is required to provide you with rest breaks. However, if there is a good reason not to do so, such as meeting productivity targets or business needs, your employer can decide not to give you your breaks. Additionally, if your employer requires you to work during your break, they must pay you for that time worked.

Meal Breaks: Your employer is required to provide you with a break of at least 20 minutes if you work for more than 7.5 hours in a day under the Illinois labor laws. During this break, you should be free to leave your workstation and do what you wish. However, if your job involves security concerns, patient care, or other circumstances that require you to be on the job, your employer can provide you with an on-duty meal break, where you must stay at your workstation, but your work duties are interrupted for at least 20 minutes.

What are the Consequences of Employer Non-Compliance with the Illinois Labor Laws on Breaks?

If your employer does not comply with the Illinois labor laws on breaks, you have the right to file a complaint with the Illinois Department of Labor. The department will investigate your complaint and determine whether your employer has violated the law. If your employer is found to be in violation, they will be required to change their policies and pay you any back wages owed, as well as penalties and fines.

What are Some Common Issues with the Illinois Labor Laws on Breaks?

One common issue that arises under the Illinois labor laws on breaks is when employers do not provide employees with their breaks as required by the law. Additionally, some employers might require employees to work during their breaks and not pay them for that time, or provide them with inadequate breaks that do not meet the requirements of the law. In some cases, employees might not be aware of their entitlements under the Illinois labor laws on breaks, making it easy for employers to take advantage of them.

Conclusion

The Illinois labor laws on breaks provide employees with the right to take rest breaks and meal breaks during their workday. As an employee, you are entitled to a 10-minute paid rest break for every 4 hours of work you complete, as well as a meal break of at least 20 minutes if you work for more than 7.5 hours. Employers have a responsibility to provide employees with these breaks as required by the law. Failure to do so can result in complaints being filed with the Illinois Department of Labor, which can result in fines and penalties for the employer.

Guide to Illinois Labor Laws About Breaks

The federal Fair Labor Standards Act sets break requirements for employers and employees.  Most people don’t realize that federal requirements do not require employers to give employees any breaks at all.  The State of Illinois, however, has some break requirements.  To understand IL labor laws about breaks, you’ll need to know about meal breaks, coffee breaks, and the state’s “one day in seven” law.  This guide will explain these laws so you will know if your employer is violating Illinois labor laws about breaks.

Coffee and Rest Breaks

Many employees are surprised to learn that IL labor laws about breaks do not require employers to provide any kind of coffee or rest break for employees, except in one very narrow instance.  Some employees in Cook County may have two 15 minute breaks required by Illinois labor laws about breaks, but only if they work as hotel room attendants.

If your employer does give coffee or rest breaks, IL labor laws about breaks specify that these short breaks must be paid.  Your employer is also required by Illinois labor laws about breaks, as well as the Occupational Safety and Health Administration (OSHA), to give you reasonable bathroom breaks during your work day.  If your employer is not allowing you to have adequate restroom breaks (including if you have a medical condition that makes frequent bathroom breaks necessary), you may want to speak to an employment attorney who has experience with IL labor laws about breaks.

Meal Breaks

While federal employment laws do not require employers to provide meal breaks, Illinois labor laws about breaks require them for all employees who work a shift longer than 7.5 hours.  If you work more than 7.5 hours in your shift, IL labor laws about breaks require that you be given a meal break of at least 20 minutes.  You are not required to be paid for this break according to Illinois labor laws about breaks.

In some cases, your employer may have a union contract or an individual employment agreement with employees that specifies a longer meal break.  In these situations, your employment contract will dictate your meal breaks, rather than Illinois laws about breaks.

One Day In Seven Breaks

In order to ensure that employees receive adequate time off, IL labor laws about breaks also include a requirement for employers to give all employees one 24 hour day off every week.  This day can be any day of the week (whether weekday or weekend).  In some situations, employers can obtain an exemption from this law.  The state only grants these exemptions to Illinois labor laws about breaks when an employer can demonstrate that employees are working seven-day weeks voluntarily.

Employer Violations

If your employer is violating IL labor laws about breaks, you may be able to obtain compensation.  Talking to an Illinois employment attorney can help you understand your legal options and what you could expect from pursuing a court case against a current or former employer.