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Mar31

Lunch breaks

If an employee works 8.5 hours in a day and refuses to take a lunch break, in hopes of overtime pay, is it legal to dock his hours for the minimum lunch time required by Illinois law?

In Illinois an employee who is to work 7 ½ 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 does not have a law regarding breaks, thus federal standard applies, and meaning if you choose to give a break of at least 20 minutes that break must be paid.

You should speak to the employee, putting him on notice that he is required by law to take a 20 minute unpaid break period. If he does not abide by the rule he is in violation of work rules and will be receive discipline action, up to an including termination.

This entry was posted on Sunday, March 31st, 2013 at 1:58 am and is filed under
Human Resources Management.
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