Illinois One Day Rest in Seven Act — Meal Breaks
activeIllinois requires employers to provide a 20-minute meal break to employees who work 7.5 or more continuous hours. The meal break must be provided no later than 5 hours after the beginning of the shift. For shifts of 12 or more hours, an additional 20-minute meal break is required. The meal break must be provided beginning no later than 5 hours after the end of the first meal break. The law applies to all employers in Illinois.
Applicability
Requirements
- First Meal Period
- Trigger Hours
- 7.5
- Duration Minutes
- 20
- Timing
- Must begin no later than 5 hours after the start of the work period.
- Duty Free
- Yes
- Description
- Employees who work 7.5 or more continuous hours must receive a 20-minute meal break beginning no later than 5 hours after the start of the shift.
- Additional Meal Period
- Trigger Hours
- 12
- Duration Minutes
- 20
- Timing
- Must begin no later than 5 hours after the end of the first meal period.
- Duty Free
- Yes
- Description
- Employees who work 12 or more hours in a shift must receive an additional 20-minute meal break beginning no later than 5 hours after the end of the first meal break.
Penalties
Employers who violate the meal break requirement are subject to civil penalties. The Illinois Department of Labor may assess fines for violations. As of January 2023, the penalties are up to $500 per offense.
Per violation: $500
Statute of limitations: 3 years
Notes
The Illinois meal break law was amended effective January 1, 2023, to add the additional meal break requirement for shifts of 12 or more hours. The law is part of the One Day Rest in Seven Act (ODRISA). Unlike some states, Illinois sets the meal break at 20 minutes rather than 30 minutes. The break must be a bona fide meal period during which the employee is relieved of all duties.