Can I seek legal action against an employer for working their employees anywhere from 5 to 10 hours without a break or lunch?

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Can I seek legal action against an employer for working their employees anywhere from 5 to 10 hours without a break or lunch?

My employer has a habit of not giving their employees their required by law 30 min breaks. And when they do, sometimes it’s selective people. Sometimes the cook will get it, but not their drivers or server. The drivers sometimes have to stay 2 to 4 hours past close to finish up duties, which is fine, but most of the time they hadn’t had a break. example, I worked 10 straight hours the other night and was not giving a break. This caused me pain and sickness the next day. When I attempted to call in, I was told I had to come in or it would be a write up. I haven’t called in sick in 9 months.

Asked on August 1, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, an employee is required to be given a ten (10) minute break after two hours of work and at least a thirty (30) minute break after four (4) hours of work.

If your employer is not giving you the required breaks, you should consult with a labor attorney and/or make a complaint with a representative with your local department of labor about the situation.


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