You enjoy your job, but what happens when the workload becomes so intense that you don’t or are not allowed to get a chance to take a break, eat lunch, or even catch your breath? Can your employer require you to work straight through the day without rest? Or worse, make you work for days on end without a break?
Just because you’re willing to work hard doesn’t mean your employer can ignore labor protections.
Illinois Break Laws
Under Illinois law, most employees are entitled to at least one 20-minute unpaid meal break if they work 7.5 hours or more in a single shift. That break must begin no later than five hours into the workday. For longer shifts, additional breaks may be required. Certain union contracts or industry-specific rules may differ, but the law sets this as the general standard.
Unfortunately, some employers ignore the law or create schedules that make taking breaks virtually impossible. This raises concerns about fatigue and health and may also violate state and federal wage and hour laws, especially if you’re working through lunch or missing out on overtime pay.
What You Need to Know If You’re Not Getting Breaks:
- You may be legally entitled to breaks and your employer may be violating Illinois and Federal laws if they refuse you give you breaks.
- If you’re working more than 40 hours per week, you may be entitled to overtime pay at time-and-a-half under both state and federal law.
What to Do If Your Break Rights Are Being Denied
- Keep thorough records. Document when you worked without a break, any requests you made, and any witnesses who can support your claims. Save relevant emails, text messages, and timesheets.
- Report internally. Notify your supervisor or HR department about the issue. Ask for a review and follow up in writing to confirm what actions were (or weren’t) taken.
- Follow internal procedures. Use your employer’s official complaint process—and keep copies of everything you submit and receive in return.
- Seek legal advice. If your employer fails to address the problem, contact the Law Firm of 1818. We can help you determine whether your rights have been violated and assist with filing claims through the Illinois Department of Labor, the EEOC, or the Illinois Department of Human Rights (IDHR).
Other Common Wage & Hour Violations in Illinois:
- Minimum Wage Violations: Illinois’ minimum wage is currently $15/hour ($9/hour for tipped workers).
- One Day Rest in Seven Act (ODRISA): Employers must provide at least 24 consecutive hours of rest in every consecutive 7-day period.
- Unlawful Deductions: Employers may only deduct specific items, like taxes or health premiums, with proper documentation. Improper paycheck deductions are unlawful.
- Payment of Wages: Employees must be paid at least semi-monthly, and final paychecks must be issued by the next scheduled payday following separation.
- Overtime Violations: Non-exempt employees must receive 1.5x their regular pay for any hours over 40 per week, including bonuses and commissions in the calculation.
- Independent Contractor Misclassification: If your employer classifies you as a contractor when you function as an employee, they may be denying you access to overtime, minimum wage protections, unemployment benefits, and workers’ comp. This misclassification can result in significant legal liability for the employer.
Don’t tolerate a Hostile Work Environment
At 1818, we are dedicated to protecting employees from unlawful labor practices—from wage theft and forced overtime to retaliation and wrongful termination.
If you’re being denied breaks, unpaid for overtime, or misclassified as an independent contractor, contact the Law Firm of 1818 today. We’ll fight to ensure your rights are respected, your time is valued, and your employer is held accountable.
