Illinois meal and rest break laws

Waivers and exceptions

Per the U.S. DOL state table, the meal period rule does not apply to employees whose meal periods are set by a collective bargaining agreement. Source: dol.gov↗ (opens in a new tab)

Industry-specific rules

Hotel room attendants in counties over 3 million people (Cook County) who work 7+ hours get a 30-minute meal period and two paid 15-minute rest breaks, and cannot be made to work during them. Source: ilga.gov↗ (opens in a new tab)

Penalties

Under the One Day Rest in Seven Act, up to $250 per offense (under 25 employees) or $500 per offense (25+), payable to the state, plus equal damages to employees. Source: ilga.gov↗ (opens in a new tab)

Recent changes

Public Act 104-0076, effective 1 January 2026, makes lactation break time paid at the employee's regular rate for one year after the child's birth. Source: ilga.gov↗ (opens in a new tab)

The law and where to check

The law: 820 ILCS 140/3 (One Day Rest in Seven Act) (opens in a new tab)

The agency: Illinois Department of Labor (opens in a new tab)

What federal law says

Federal law does not require meal or rest breaks. If you give short breaks (about 5 to 20 minutes), they must be paid. Meal periods of 30 minutes or more can be unpaid if the employee is fully relieved of duty. Nursing employees get reasonable break time under the federal PUMP Act. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — PUMP Act↗ (opens in a new tab)

Meal and rest breaks checklist for Illinois employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Check which of your staff the break rules above cover, including minors.
2. Build required meal and rest breaks into your schedules.
3. Decide which breaks are paid and record them correctly in your timekeeping.
4. Set up a private, non-bathroom space for nursing employees.
5. Put your break policy in writing and share it with staff.
6. Keep time records that show breaks were taken.

More Illinois employment law guides

• All Illinois employment laws
• Illinois final paycheck law
• Illinois paid sick leave law
• Illinois overtime law
• Illinois pay frequency law
• Illinois vacation and PTO payout law
• Illinois new hire reporting
• Illinois at-will exceptions

Meal and rest breaks laws in other states

See every state on one page, or pick a state:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.