What Is the Law in Illinois on Employees Getting Breaks at Work?

One Day Rest

Illinois has a major labor law called the One Day Rest in Seven Act. This law requires that all employees, other than those who are excepted as listed below, be given at least one 24 consecutive-hour period off from work in a calendar week. Normal time off between shifts does not count toward this required time frame. An employer who wishes to have employees work for seven days in a week must get a permit from the state and document that any workers affected voluntarily agreed to it.

Illinois labor law also mandates that most employees be given breaks during the work day to eat. Adult employees who work 7 1/2 continuous hours or more are entitled to at least a 20-minute break period to eat. This meal break must be provided no later than five hours after the employee starts working. Employees under age 16 must be given a 30-minute meal break by their fifth hour of work.

The state has a special statute regarding work breaks for hotel room attendants. Per the statute, such an employee cleans or puts in order guest rooms in a hotel or other establishment licensed for transient occupancy. This law only applies to hotels in urban areas. The law requires giving these employees two paid 15-minute breaks and a 30-minute meal break for any day they work seven or more hours. The law prohibits the employer from making the employee perform duties during these break periods.

Some employees are not covered by the One Day Rest Act. Salaried employees who are exempt from federal overtime pay rules and all outside sales people are not covered. Part time employees working no more than 20 hours a week, security personnel, agricultural workers and employees providing critical functions are also not covered. An exception to the meal break rules are employees who are caregivers for the developmentally or mentally disabled, who can be required to eat while still on duty.