Illinois Rest Periods laws & HR compliance analysis

Illinois Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states. Illinois law requires meal breaks, breaks for nursing mothers, and rest days for certain employees.
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U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks that are provided, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23).
Under Illinois law, employees who work at least 7 1 / 2 continuous hours are entitled to at least 20 minutes for a meal period within 5 hours of the start of work (IL Comp. Stat. Ch. 820 Sec. 140/3). This provision neither applies to employees whose meal periods are set by a collective bargaining agreement nor to employees monitoring individuals with developmental disabilities or mental illness and who are required to be on call for an entire 8-hour work period (such employees must be allowed a meal during the 8-hour work period while continuing to perform their monitoring duties).
Employers are required to provide nursing mothers who need to express breast milk for their infant children with a reasonable break time each day as needed for this purpose. This break time must be paid. Specifically, employers may not reduce an employee’s compensation for time used for nursing breaks. The break time may run concurrently with any break time already provided to the employee. An employee is entitled to a break each time she has the need to express milk for 1 year after the child’s birth. ...

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Illinois Rest Periods Resources

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