Legal Question in Employment Law in Illinois
I have worked at a company for the last 9 weeks and effective jan 1 they put a policy in place that states:
"the company will automatically deduct 30 minutes each day for lunch. The second 30 minutes which makes up a full hour will be paid at normal pay rate and not overtime"
So if I worked 48 hours in a week I would receive on my paycheck 42.5 hrs regular and 3 hours overtime. Is this acceptable under Illinois law?
1 Answer from Attorneys
Probably not, but I am not sure I understand the situation. You are not actually getting a lunch break? If not, and you are working 48 hours, they are required to pay you 40 hours regular pay and eight hours at time and a half. But if, for example, you are scheduled eight hours per day, six days a week, and each day you take an hour lunch break, you would only be working 42 hours per week. In that case, they would need to pay you 40 hours regular pay and two hours overtime.
If they are making you work more than 40 hours per week and not paying overtime, this would be, to use a highly technical legal term, a "slam dunk" case against them.
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