Human Resource Blog

On call during unpaid lunch

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I am an hourly mechanic in an Illinois factory. When I take my unpaid 30 minute lunch, I am subject to being called to the floor for any number of breakdown related events. As I am the only mechanic on my shift, I am always on call to support production operations. Should this be a paid lunch? Or only paid when I have been called off it. Currently neither happens.

You’ll want to check this specific situation with both the Illinois Department of Labor and the US Department of Labor. In some cases, under federal law, an employee must be paid for his or her break even when they are usually not interrupted. Suppose a factory worker must watch a milling machine while he is on lunch break. If there are any jams, he must clear them while on break. In this situation, the US Department of Labor has ruled that the factory worker is not relieved of duties during his meal break, and must be paid for the entire break, every day.

At a minimum, when your break is interrupted, you should be paid for the entire time — not just the time after you return to work.