Updated Meal Break Requirements: What Employers Need To Know

May 2023

Markeya A. Fowler

Guaranteed breaks for Illinois employees is well established under the One Day Rest in Seven Act (ODRISA). Under The Act, employees are guaranteed meal breaks. 820 ILCS 140/3 states that:

“Every employer shall permit its employees who are to work for 7 ½ continuous hours, except those specified in this Section, at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period.”

As of January 1, 2023, employers are required to provide an additional 20-minute rest period for those employees who work 12 hours or more in a day. 820 ILC 140/3 was amended to add that:

“An employee who works in excess of 7 ½ continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 ½ continuous hours worked.”

At first glance the amended statute may appear to just require an additional 20-minute break however, the wording requires the employer to provide breaks of 20 minutes for every 4 ½ hour increment in excess of 7 ½ hours.

In situations where an employee is required to work more than 12 hours, their break must still be accounted for and provided. In practice, employees should be provided the following breaks based on time worked:

• 7 ½ hours continuously worked requires 20-minute total break
• 12 hours continuously worked requires 40-minute total break
• 16 ½ hours continually worked requires 60-minute total break

Under the Act, there are several employees who are not guaranteed a meal break. Employees not guaranteed mandatory meal breaks, include employees subject to collective bargaining agreements, employees of a private company and licensed under the Emergency Medical Services Systems Act and employees who monitor individuals with developmental disabilities and who are required to be on call during their work period.

When implementing these new break requirements, it is important for employers to also consider the Fair Labor and Standard Act (FLSA). FLSA does not require employers to provide a meal break but it does have guidelines for what is considered a bona fide break. Under Federal law, a bona fide meal break is an uninterrupted 30 minutes where an employee is relieved of their work duties. A break of 20 minutes or less is a rest period, which is usually a coffee break. Breaks that are not an uninterrupted bona fide meal break are compensable under Federal Law.

In practice it is important for an employer to understand the requirements of both laws so that companies are adequately staffed for production and employees have enough time for required breaks. It can be a balancing act to make sure that all employees are taking the proper amount of time for breaks while ensuring there are no interruptions to the business’s services or production.

To limit exposure for unpaid breaks, it is important for the employer and employee to discuss ahead of time any breaks where the employee will not be completely relieved of their duties or if an employee is choosing to take a shorter meal period. Employers are required to post public notice of this Act on the premises. In the case of remote employees, the notice of The Act can be placed on the employer website or sent to remote employees by email.

Violation of this Act can result in a large penalty which varies depending on the size of the company and the duration of the violation. For employers with 25 employees or less, the penalty is a fee of $250.00 per offense to be paid to the employee and the Department of Labor. For employers with 25 employees or more, the penalty is a fee of $500.00 per offense to be paid to the employee and the Department of Labor.

If you have any labor & employment questions, please do not hesitate to contact BCM Law.

This article is for informational purposes only and should not be construed as legal advice. The content is intended to provide general guidance on the subject matter and is not a substitute for legal advice from a licensed attorney in your jurisdiction. No attorney-client relationship is created by your use of this article or the information contained herein.