Illinois Rest and Meal Break Laws

Illinois Meal Break Laws

Illinois has state labor laws that legally require employers to provide meal breaks to adults and minors employed in the private sector. The state of Illinois enforces a 30-minute meal break for employees who work at least seven and a half consecutive hours a day. The break must be allowed after the first 2 hours of labor and before the last 2 hours of the employee’s shift. Although this break is mandatory by state law, the employers do not have to pay the employees for it.

Federal Laws on Meal and Rest Breaks

The Federal Government does not enforce any laws or regulations that require employers to allow their employees the right to time off for a meal or a rest break. Although these types of breaks are not mandatory under federal labor law, many employers still provide these breaks as a form of formality and policy. Every business owner wants an efficient and positive workplace, which can’t be achieved with energy drained and hungry employees.

An Illinois employer that decides to offer employees additional breaks, besides the mandatory 30-minute meal break, must be in ordinance with Federal laws and rules pertaining to such breaks. Any break of 20 minutes or less is considered part of the workday, therefore, it must be paid- covered by the Fair Labor Standards Act (FLSA). Federal Law also allows employers the right to offer their employees a meal break of 30 minutes or more with the choice of paying for the breaks or not. The deciding factor whether a break should be paid or not is if the employee was performing any labor related tasks during the time of rest. For example, if a receptionist must answer calls while he/she eats, the break must be paid.

Mandatory Rest Breaks for Hotel Room Attendants 

Hotel room attendants in the state of Illinois are entitled to rest breaks by law. Such employees that work 7 consecutive hours a day have the right to 2 paid rest breaks of 15 minutes each period. Room attendants cannot be required to perform any work-related tasks while on break. Employers are also required to provide these types of employees a break area with seats. This law is a separate and additional law apart from the mandatory meal break that applies to all employees.