Illinois Overtime and Meal & Rest Break Laws for Nurses

Under Title 820 of the Illinois Compiled Statutes (sections 105/3(d) and 104/4a), workers including nurses are entitled to time and one-half pay for work hours exceeding 40 in one workweek. Congruent with the federal statute, Illinois defines the workweek as seven consecutive days, including weekends. There is no code section pertaining to individual workdays and an employer is under no duty to provide overtime pay for workdays in which a worker exceeds the typical eight hours. Illinois employment laws apply to employers with four or more employees.

Under Title 820 of the Illinois Compiled Statutes (sections 140/3, 140/3.1 and 260/10), employees working with those with developmental disabilities or mental illness are permitted to eat a meal while working provided the employee works an eight-hour shift. All employees in any field are provided the right to at least a 20-minute meal break no later than five hours after the beginning of a shift if the employee is to work at least a 7 ½ hour shift.
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