Legal Question in Employment Law in Illinois
I work in Illinois and just found out that my employer is time punch rounding and taking out for breaks even if I don't get to take one. Is this legal?
1 Answer from Attorneys
You mention two different concepts: time rounding and deduction for break times when you are in fact not on break but working.
Employers may round time if the time is diminimus. Di minimus is determined by the facts and circumstances of a particular case but the general rule is that it must ultimately work out to not be only to the benefit of the employer.
Employers cannot deduct time for short breaks and certainly cannot deduct time when you are working. In Illinois, employers are not required to give you brief breaks but if you take them, they cannot take such time out of your pay. In Illinois, an employer must provide a meal period of at least 20 minutes, no later than 5 hours after the start of the work period, to employees who work 7 � hours or more.
Hope this helps.