Q: Need some help-As an employee is it mandatory by Illinois employment law that I must take a 30 minute unpaid meal break?
I work for a big name delivery company as a driver and I do not take a 30 minute meal break. My employer initially noticed this and is claiming that it is mandatory for me to take a 30 minute break by Illinois law. A week passed and he just messaged me today saying that if I do not take a 30 minute unpaid break every day I will be terminated. There is a company policy in the handbook that states “unpaid 30 meal breaks are not optional, you must take one every day”. I get paid hourly and work Tuesday-Saturday from 12:30pm to 6pm, 7pm, or 8pm depending on what my work load is. Is it lawful for my employer terminate me for not following a company policy like that?
A: The employer is correct. No providing that break will subject that employe to a de facto state employment law violation. Additionally, permitting you not to take that necessary break will directly subject that employer to a civil suit for damages in several ways.
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