My question is regarding employment law in Illinois. I thought employees were supposed to be given at LEAST 15 minutes break time if they work 6-7 hours straight. My daughter works for Bath and Body Works but has never been allowed even a lunch break. I hope someone can help me with this. Thank you!!
2007-11-23 10:16:52 · 10 answers · asked by JLR22 1 in Politics & Government ➔ Law & Ethics
This is not illegal. As stated earlier, per 820 ILCS (Illinois Compiled Statutes) 140/3 (IL law), your daughter is only entitled to a 20 minute meal break if she works for 7.5 continuous hours. This is probably why she is only scheduled for a 7 hour shift, so they don't have to give her a break. Federal law does not mandate break periods, and all the state laws are different. Other posters are uninformed or are not basing their statements on the applicable state law.
2007-11-26 09:18:44 · answer #1 · answered by BR 1 · 0⤊ 0⤋
Absolutely it is illegal.
4 hours on clock = 15 paid break when reaches 4 hour period employer says schedule only 3.75 hours shift to not pay for a break
Scheduled 4 hours or more = 15 minute paid break at 4 hour period and second 15 minute paid break if working full 8 hour shift
Scheduled 8 hours plus = two 15 minute paid breaks and one 30 minute paid break
Under the 820 ILCS I forget the chapter but it relates to your matter.
2007-11-23 18:44:19 · answer #2 · answered by Devontrit Whiteside 2 · 0⤊ 0⤋
In Illinois: "An employee who is to work 7 1/2 continuous hours or more shall be provided an unpaid meal period of at least 20 minutes. The meal period must be given to an employee no later than 5 hours after beginning work. Illinois has no law regarding breaks." http://www.state.il.us/agency/idol/faq/qaodrisa.htm
If your daughter is a minor, see this page: http://www.state.il.us/agency/idol/forms/pdfs/FLSCLL03.pdf
2007-11-23 18:26:52 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It is highly illegal for an employee to work over 4 hours without some sort of break. Look into the state website for working conditions. Good luck. You could always threaten filiing a law suit. That will let them know she deserves a break. If they fire her for that, sue them for unlawful termination! There are always loopholes. Good luck.
2007-11-23 18:26:54 · answer #4 · answered by Sucre Rouge 3 · 0⤊ 0⤋
I know it is illegal for the state of California. Call the Dept. of Fair Housing and Employment. They can give you the information you need. If infact it is illegal, you can file a complaint with them and they will investigate it. If it is illegal your daughter may have a cause to file a lawsuit against them. Good luck with this.
2007-11-23 18:24:01 · answer #5 · answered by ceegt 6 · 0⤊ 0⤋
yes!! yes!! it is very illegal. call teh labor board and get some answers quick. make sure your daughter also has some proof of this . you may be able to take these bastards to court. after 6 hours they are entitled to 30 minute lunch. and they need at least 1 ten min break
2007-11-23 18:25:32 · answer #6 · answered by lil ol me 4 · 0⤊ 0⤋
you can call the labor board in your state and pursue it if you want to go to the trouble.
my advice is to tell your daughter to find a good job with a company that respects it's employee's needs.
labor laws mean nothing in an unorganized labor force...
2007-11-23 18:25:05 · answer #7 · answered by chef.jnstwrt 4 · 0⤊ 1⤋
its 10 minutes and its also based on how many employees and how busy the store is
some place count going to the bathroom as your break
2007-11-23 18:21:48 · answer #8 · answered by kleighs mommy 7 · 1⤊ 0⤋
yes it is illegal
2007-11-23 18:19:34 · answer #9 · answered by joyce s 4 · 0⤊ 0⤋
She can quit.
2007-11-23 18:19:45 · answer #10 · answered by Anonymous · 0⤊ 1⤋