Can an employer force an employee to work more than 16 hours in a 24 hour period ? IL resident – hourly employees/ non-management

UPDATED: Mar 29, 2016

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Can an employer force an employee to work more than 16 hours in a 24 hour period ? IL resident – hourly employees/ non-management

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Asked on March 29, 2016 under Employment Labor Law, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Neither the Fair Labor Standards Act (federal) or state labor law, limits the number of hours per day or per week that employees aged 16 years and older can be required to work. With the exception that in Il, an employer is required to give each employee at least 24 hours of rest in every calendar week. That having been said, as an hourly non-management employee you are "non-exempt" which means that you must be paid 1 1/2 times your hourly rate for all hours worked over 40 in a workweek.
Additionally, state law requires an employer to permit its employees who work 7½ continuous hours or more to take a meal period of at least 20 minutes. This period may be unpaid and it must be given to an employee no later than 5 hours after beginning work. Moreover, an employer must permit employees to take at least a 20 minute meal period for each continuous 7½ hours they work. As for rest breaks, Il does not have a law regarding mandated breaks other than the 20-minute meal period. However, if an employer chooses to provide such a break, if it lasts 20 minutes or less, it must be paid.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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