Workers in Illinois, as in 21 other states, are entitled by state law to a meal period, usually referred to as a "lunch," according to the US Dept. of Labor. But since each state has different guidelines pertaining to meal and break periods, it's important to understand the specifics and consult a Chicago employment lawyer if necessary.
It's also important to understand that there is no federal law requiring employers to offer meal periods, according to FindLaw. So while many employment issues can be handled in federal court, meal period disputes are solely the domain of state law.
Illinois employees are legally entitled to a 20-minute, unpaid meal period after each 7 and 1/2 hour workday, which must be provided to an employee within the first five hours of a shift, according to the Il. Dept. of Labor. Non-meal breaks, however, are not required by law.
The meal period provision is part of the One Day Rest in Seven Act, also known as 820 ILCS 140, which requires employers to provide "at least twenty-four consecutive hours of rest in every calendar week," as the law's title suggests (Il. General Assembly). As with most laws, however, there are exceptions.
Union workers for whom meal and rest periods are provided by a collective bargaining agreement, for example, are exempt from the requirement. The law also provides an exemption for employees who monitor individuals with developmental disabilities or otherwise are required to to be on call for more than eight hours per shift:
Those employees shall be allowed to eat a meal during the 8 hour work period while continuing to monitor those individuals.
For more information, please consult a Chicago Employment lawyer, or visit the Related Resources links provided below.
Related Resources:
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One Day Rest in Seven Act Complaint Form (PDF, Il. Dept. of Labor)
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Comparison of State Meal Period Laws (US Dept. of Labor)
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Illinois Employment Lawyer Directory (FindLaw)
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