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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36754
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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hello i work a split shift of 1 to 2 hours then punch out for

Customer Question

hello i work a split shift of 1 to 2 hours then punch out for 3 or 4 hours and come back and work for about 3 and a half to 5 hours in the evning is my boss allowed to take out a 30 min. break for the 3 and a half to 5 hours i work even if im working the whole time?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As for the employer deducting a 30 minute break from your wages, if you do not actually take that break---is illegal. The employer must pay you for all time worked

In the state of Illinois, employers are required to give employees a meal period of at least 20 minutes if they have worked seven and a half hours or more.

However, under IL law, your employer may demand that you take a 30 minute break, and so long as you are not required to work, and so long as you do no work, during that time, they are not obligated to pay you for the break time.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.

Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,


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