Legal Question in Employment Law in Illinois

I've worked at my job 3 1/2 years. My original start time was 9:00. Now the owner wants me at my desk working by 8:45. There has been no increase in pay. I'm also expected to stay late to get the work done. Company hours are supposed to be 9 to 5. I am salaried. I also have no real lunch hour. Many lunches are expected to be "working lunches"; so I work through my lunch a lot. As I answer the phones, it is hard for me to go anywhere. I have had medical issues that are causing me sleepless so I'm exhausted and it is hard to wake up in the morning and the 8:45 has been a problem lately. I have been put on medications to solve this issue but my employer is creating a fuss. They have not said they would terminate me, but mentioned costs and "what is the company supposed to do?" Is this legal? What can I do?


Asked on 3/11/10, 11:07 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

If the company hours are 9 to 5, it does not seem unreasonable to require you to be there at 8:45, nor is it unreasonable to require you to be there on time. It is very hard to run a business when everyone shows up when it is convenient for them. On the other hand, you may be entitled to a 20 minute break, assuming you are not subject to a collective bargaining agreement. According to 820 ILCS 140/3, "Every employer shall permit its employees who are to work for 7 1/2 continuous hours or longer, 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."

Also, whether or not you should be paid hourly depends on your actual job duties. If you are not a bona fide manager or are professionally licensed, they probably need to pay you on an hourly basis. Many employers try to skirt around this requirement. You should discuss this with an attorney or the Wage and Hour Division of the Department of Labor to get a specific answer.

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Answered on 3/17/10, 12:42 pm


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