Illinois Break Laws: A Comprehensive Guide
Staying compliant with labor laws is crucial for any business operating in Illinois. This guide provides a clear overview of Illinois break laws, helping employers and employees understand their rights and responsibilities.
We'll cover everything from meal and rest breaks to special provisions for nursing mothers and exemptions to the rules.
Meal break requirements in Illinois
In the state of Illinois, the One Day Rest in Seven Act (ODRISA) is the predominant legislation governing meal breaks. According to 820 ILCS 140/3:
"Every employer shall permit its employees who are to work for 7 1/2 continuous hours or longer to take a meal period of at least 20 minutes for every such 7 1/2 hour period beginning no later than 5 hours after the start of the work period."
So, what does this look like for employees in Illinois?
- Employees must be relieved of all work duties during unpaid breaks.
- For shifts totaling less than 7.5 hours, no meal break is required.
- For shifts that are longer than 7.5 hours, A 20-minute meal break is mandatory and must be given within the first 5 hours of the shift.
- For shifts exceeding 12 hours, Additional 20-minute unpaid meal break is required for every additional 4.5 hours worked.
Rest breaks
Although Illinois doesn't specifically mandate short rest breaks, ODRISA does require employers to provide reasonable restroom breaks – separate from meal breaks, throughout the workday.
The federal Fair Labor Standards Act (FLSA) also influences rest break policies in Illinois, by mandating employers who provide short rest breaks to pay their employees for these breaks.
Breaks for hotel room attendants
Illinois law provides specific break requirements for hotel room attendants, but these rules have a unique geographical limitation. According to 820 ILCS 140/3.1, these provisions apply only to hotels and other establishments licensed for transient occupancy in a county with a population greater than 3,000,000.
This means the law applies only to Cook County, where Chicago is located.
For hotel room attendants working in these specific locations, the following break entitlements apply:
- Paid Rest Breaks. Hotel room attendants are entitled to two 15-minute paid rest breaks for each workday in which they work at least 7 hours.
- Meal Period. Hotel room attendants must also receive one 30-minute meal period for each workday in which they work at least 7 hours.
Employers must relieve hotel room attendants of all duties during their rest and meal breaks. Additionally, employers must provide a suitable break area with adequate seating and access to free, clean drinking water.
Breaks for nursing mothers
The Illinois Nursing Mothers in the Workplace Act requires employers to provide reasonable break time for nursing mothers to express milk for up to one year after childbirth. According to the Illinois Human Rights Act, an employer may not reduce an employee’s compensation for time spent expressing milk or nursing a baby.
This break time should be taken along with additional break time already provided. Employers must also provide a private, non-bathroom space for expressing milk.
An exemption exists for employers who can demonstrate undue hardship exists due to the difficulty or expense of complying with this requirement.
Break laws for pregnant employees
Illinois law goes beyond federal requirements to protect the rights of pregnant employees. According to the Pregnancy Rights in Illinois Act, employers must make reasonable and non-discriminatory accommodations for pregnant workers. This includes providing breaks to address pregnancy-related needs, such as:
- Allowing more frequent bathroom breaks as needed.
- Providing short break periods to prevent overexertion or fatigue.
- Adjust work duties, schedules, or the work environment to accommodate pregnancy-related limitations.
Under the Act, not providing reasonable pregnancy-related accommodations is prohibited.
Break laws for minors in Illinois
Illinois labor law has defined specific break requirements for minors, to protect their well-being and ensure adequate rest during the workday.
- Meal Breaks. Minors scheduled to work more than 5 hours must receive a 30-minute meal break, which should be provided no later than 5 hours after the start of the workday.
- Rest Breaks. While Illinois law doesn't mandate specific rest breaks for minors, employers are encouraged to provide reasonable rest breaks to prevent fatigue and promote the health of young workers.
Other types of breaks for workers in Illinois
In addition to meal and rest breaks, Illinois provides employees additional breaks:
- Voting Leave. Employers must allow employees time off to vote during elections.
- Jury Duty Leave. Employees summoned for jury duty are entitled to time off.
Exemptions to Illinois break laws
There are certain employees that are exempt from Illinois meal break laws. We’ve listed a few of these professions below.
1. Watchmen and security guards
Security personnel need to be alert and responsive at all times which may not allow them to take traditional breaks.
2. Part-time employees (working less than 20 hours per week)
Part-time employees typically work shorter shifts and may not be given the same break requirements as full-time employees.
3. Agricultural and coal mining employees
Professions in the agricultural and coal mining fields often take place in unique work environments. Employees may not work schedules that allow them to adhere to standard break requirements. The seasonal and unpredictable nature of agricultural work and the potential hazards of coal mining may necessitate different break arrangements.
4. Government employees
Break policies for government employees may be determined by different regulations or collective bargaining agreements specific to the public sector.
5. Seasonal production employees
Similar to agriculture, seasonal production often involves fluctuating workloads and schedules. This exemption acknowledges the need for flexibility in these industries.
6. Executive, administrative, professional, and outside sales employees (as defined by the FLSA)
Exempt employees' work often requires flexible scheduling, which means their workload may not allow adherence to standard break schedules. The FLSA provides detailed definitions of these categories, including salary level, duties, and responsibilities.
7. Unionized employees with collective bargaining agreements (if the agreement addresses break policies)
Collective bargaining agreements often establish specific terms and conditions of employment, including break policies. If a union contract addresses breaks, those provisions may supersede the general requirements of ODRISA. However, state labor laws will apply if the agreement is silent on breaks.
Employers should maintain proper documentation to support any claimed exemptions. This may include job descriptions, time records, and collective bargaining agreements.
Federal vs. Illinois State Laws: Which law applies?
In general, when state and federal laws differ, the law that provides greater protection to the employee applies. This means that stricter state break laws in Illinois will generally take priority.
The below table shows a comparison between State and Federal law regarding meal and rest breaks.
Here's a quick guide to help you determine which law applies in specific situations:
- For employees working in Illinois, ODRISA's requirements for meal breaks will apply, even if they are more stringent than the FLSA.
- Businesses operating across state lines must comply with the meal and rest break laws for each state in which their employees work, as well as Federal law if they hold federal contracts, operate in federally regulated industries, or have collective bargaining agreements that address break policies.
- Employees working for companies with federal contracts may be required to follow federal and state break laws. In this situation, the employer must comply with the law that provides the greater benefit to the employee.
PRO TIP: When in doubt, favor the employees.
Misconceptions about meal and rest breaks in Illinois
Understanding the nuances of Illinois break laws can be tricky. There are several misconceptions about meal and rest breaks that both employers and employees should be aware of.
1. Voluntary skipping of meal breaks
There is a misconception that employees can choose to skip their meal breaks for reasons such as wanting to finish work early.
However, under Illinois law, employees generally cannot waive their right to a meal break, even if they voluntarily agree to do so. This provision protects workers from being pressured to work through their breaks.
For example, an employee who works an 8-hour shift cannot legally agree to skip their 20-minute meal break to leave work early. Employers must provide the break, and employees have the right to take the break if they wish to do so.
2. Forced break times
Another common misconception is that employers can dictate exactly when employees take their meal breaks as long as the break occurs within the legal timeframe (e.g., within the first 5 hours of a shift).
While employers are required to give employees their break within the legal timeframe, they generally cannot force employees to take them at specific times. Employees should have some flexibility when it comes to choosing when to take their meal break, as long as it doesn't disrupt operations.
3. On-call time
Some believe all on-call time is considered working time and must be properly compensated.
But, according to Illinois law, whether on-call time counts as working time depends on the restrictions placed on the employee during that time. If employees are free to pursue personal activities and are not closely monitored, on-call time may not be considered working time. However, if employees must remain at the workplace or are significantly restricted in their activities, the on-call time likely counts as working time and must be paid.
Penalties for non-compliance
Violating Illinois break laws can have serious repercussions for Illinois employers.
Legal consequences for labor law violations may include, but are not limited to:
- Fines. Employers may face fines for each violation of the law. The amount of the fine can vary depending on the nature and severity of the violation.
- Back Pay. Employers may be required to compensate employees for any missed or unpaid break time.
- Legal Fees. Employers may incur significant legal expenses defending themselves against lawsuits related to break-law violations.
- Reputational Damage. Non-compliance with state and federal labor laws can harm your company's reputation and make it difficult to attract and retain employees.
Employee process for filing a complaint
If an employee’s rights to mandated meal and rest break laws are violated, there are steps that should be taken to file a complaint. An employee’s first step should always be to consult management in regards to missed breaks and break violations. If the issue is not handled internally, workers can file a complaint with the Illinois Department of Labor.
The process for filing a complaint is as follows:
- The employee must provide the Illinois Department of Labor with any documentation or evidence they have collected of potential break violations, including whether they were not given a break or were pressured to work through their breaks.
- Documentation should include days, times, and relevant details that led up to the violation.
Best practices for employers
To comply with Illinois break laws, Illinois employers have several key responsibilities:
Best practices for employees
Simplify break tracking with Timeero
Timeero is a powerful GPS time tracking solution with cutting edge technology that helps Illinois companies like yours, simplify break tracking.
With Timeero you experience:
- Improved Compliance. Timeero helps you adhere to Illinois break laws through enhanced tracking measures, which minimize your risk of fines, lawsuits, and reputational damage. Customize break rules to enforce your company's specific break policies.
- Increased Efficiency. Timeero streamlines break tracking and simplifies record-keeping, freeing up your time to focus on more important tasks. Timeero's GPS tracking capabilities allow you to monitor employee breaks in real time, even for those working remotely or in the field.
.webp){kind=tracking}
- Accurate Compensation. Timeero allows you to generate detailed reports showing employee break habits. This data can be used to analyze productivity, identify potential compliance issues, and ensure accurate compensation.
.webp)
Illinois Break Laws FAQ
Can I work 6 hours without a lunch break in Illinois?
Yes. Since your shift is less than 7.5 hours, your employer is not legally required to provide a meal break.
However, your employer might still offer you short rest breaks. If they do, those breaks must be paid according to the FLSA.
Does Illinois have a 15-minute break law?
Yes. Hotel room attendants in Illinois are entitled to two 15-minute paid rest breaks and one 30-minute meal period for every 7 hours worked.
For all other employees, employers generally offer a standard 10-15 minute break period for every 4 hours worked.
Disclaimer: This information is for general guidance only and should not be considered legal advice. It's essential to consult with legal counsel or the Illinois Department of Labor for specific guidance on exemptions and compliance with Illinois break laws.
