Legal Break Requirements Illinois
Rest breaks – ODRISA currently requires employers to provide insured employees with one day of rest during each “calendar week” (i.e., Sunday to Saturday). Under the amendment, employers must provide employees with one day of rest for each consecutive seven-day period, regardless of when those days fall into the typical “work week.” In practice, the change will make an employee`s schedule illegal for more than six consecutive days. According to state law, there are additional requirements for employee breaks. Employers must provide a break area with adequate seating and tables in a clean and comfortable environment. They must also provide free drinking water. In addition, Illinois law requires a record-keeping requirement that requires employers to keep complete and accurate records of all breaks. Federal and state laws govern wages and hours of work. Federal law does not require meal breaks, but Illinois law does. If you work at least 7 1/2 hours a day, you are entitled to a 20-minute meal. This meal time must begin “no later than 5 hours after the start of working hours”. In terms of content, the amendment to the ODRISA requires employers to grant employees extra rest and meal breaks. Employees are entitled to at least 20 minutes of lunch break for every continuous shift of 7.5 hours (or more) continuous. The meal should be scheduled within the first five hours of the working day.
Note that this requirement applies to each 7.5-hour continuous shift. For example, if an employee works an uninterrupted 15-hour shift, the employer must schedule two 20-minute meal breaks. Unless employees are required to work during the lunch break, these meal breaks may not be paid. Illinois` lunch break laws apply to facilities in a county of more than three million people. The law excludes workers whose meal times are determined by collective agreements. Different requirements apply to employees who supervise people with developmental disabilities or mental illness. Let`s start with this fact. The Fair Labor Standards Act (FLSA) and the Illinois Pay and Hours Act do not require an employee to be given a break or rest period. Employers may require employees to express breast milk at times that coincide with other breaks already scheduled by employers. However, employers must pay employees for maternity breastfeeding. Many employees are surprised to learn that Illinois` break laws do not require employers to provide employees with some type of coffee or break, except in a very narrow case.
Some Cook County employees may have two 15-minute breaks required by Illinois labor laws on breaks, but only if they work as hotel room attendants. Illinois labor laws require employers to allow breastfeeding employees reasonable breaks to express breast milk until the child is one year old, unless: If your employer violates Illinois labor laws during breaks, you may be eligible for compensation. Talking to an Illinois labor attorney can help you understand your legal options and what to expect from a lawsuit against a current or former employer. The ODRISA amendment will not come into force until January 2023. However, employers can now take several steps to prepare for compliance. First, employers should review their current rest and meal break policies and make adjustments as necessary. Similarly, employers can create a plan to publish the required notification and distribute the notification to remote employees. Illinois doesn`t have a law on breaks other than 20-minute meal times, so the federal standard applies.
The federal rule does not require an employer to provide a meal (lunch) or breaks. However, if an employer chooses to do so, breaks must be paid, usually less than 20 minutes. See Food and Offences Acts. The Illinois Human Rights Act provides legal protection for vulnerable workers, such as pregnant employees or those affected by medical conditions or common medical conditions related to pregnancy and childbirth. These workers are entitled to reasonable accommodation for the performance of basic work duties, which may include long breaks or rest periods. In addition, the Breastfeeding Mothers at Work Act requires all employers with more than five employees to provide reasonable paid breaks to workers who need to express their breast milk. Illinois labor laws require employers to pay their employees overtime equal to one and a half (11/2) times their regular rate if they work more than 40 hours per work week, unless otherwise exempted. FAQ from the Ministry of Labour of IL. For more information on overtime requirements, see the RSA: Overtime. In some cases, your employer may have a collective agreement or individual employment contract with employees that provides for an extended lunch break. In these situations, your employment contract dictates your meal breaks, not Illinois` break laws. Employers operating in Illinois should be aware that starting in January 2023, they will be required to provide most non-exempt workers with extra rest and meal breaks.
On May 13, 2022, Illinois Governor J.B. Pritzker signed an amendment to the state`s One Day Rest In Seven Act (ODRISA). The amendment not only imposes additional break times on employees in certain circumstances, but also imposes termination obligations on employers and increases the penalties and financial damages available for violations of the ODRISA. Illinois requires employees to be given a lunch break of at least 20 minutes, no later than 5 hours after the start of work hours if they work a shift of 7 1/2 hours or more. Hotel attendants – defined as “persons who clean or repair rooms in a hotel or other establishment approved for temporary occupancy” – must receive a 30-minute meal each business day on which they work at least seven hours. Lunch breaks – ODRISA currently requires employers to provide employees with a 20-minute unpaid meal break for every 7 1/2 hours of work to be taken during the first 5 business hours of the 7 1/2 hour period. Employers must also provide employees with an additional 20-minute lunch break for every 4 1/2 hours worked beyond the initial 7 1/2 hours. The practical effect of this change is that workers are entitled to a second meal break after 12 hours of work, instead of 15 hours (which is the current requirement).
The employee`s break area must be equipped with adequate seating and tables in a clean and comfortable environment. Drinking water must be provided free of charge. The employer must keep complete and accurate records of break times. Hotel room employees may not need to work during a break. Illinois law requires employers to allow employees who are expected to work 7 1/2 hours or more continuously to eat a meal of at least 20 minutes. Meal time may be unpaid and must be given to an employee no later than 5 hours after work begins. 820 ILCS 140/3. In addition, an employer must allow employees to eat at least twenty (20) minutes for every 7 and a half hours of continuous work.
IL Admin. Code Title 56, § 220.800 For example, if an employee is required to work fifteen (15) hours in an uninterrupted shift, the employer should allow the employee to take two twenty (20) minute breaks. Finally, employers should start by informing managers and supervisors of upcoming changes to ensure that local compliance officers are aware of the additional break time that many workers will soon be entitled to. With one exception, Illinois labor law requires employers to take breaks beyond the 20-minute meal time. The exception applies to hotel employees in a county of more than 3 million people who must have at least two 15-minute paid rest periods during each continuous 7-hour shift.
