Anyone know anything about IL labor law?

[Chicago526]

DH's company has required him to work all three of his days off this week (he works 3 10 hour shifts and one 7.5 hour shift a week, so he gets 3 days off) and he worked 2 of his days off last week. They are way understaffed (and refuse to hire anyone new) and he says they'll likely make him work next week's days off too.

Can they do that? I thought they couldn't make you work that many days in a row? Don't companies have to give you a day off now and then? DH is getting so tired. He doesn't mind working a lot of overtime, we can certainly use the extra money, but he really needs a day or two off!

Is there anything he can do? And short of a threat of legal action, no one within the company including HR will intervine. It's a crapy company (and DH won't quit, but that's another thread).

Any advice?

 

[experiment626mom]

Legally in Illinois he can not work that many days in a row. You can call the Labor board and report it. The phone number is in the white pages.

Good Luck

 

[Lisa loves Pooh]

Generally speaking--if he is hourly, he MUST be compensated for that time with 1.5 times his hourly pay for any hours worked over 40.

This is the federal labor law.

It does not stipulate a limitation on the number of days that can be worked.

HOwever, pending his field, there can be more specific requirements.

He should be have a poster hanging up in his workplace by the time clock or in a break room or on a bulletin board somewhere that will clearly spell out what the federal labor law is.

More info:

Dept of labor :
http://www.dol.gov/elaws/

State of Illinois:
http://www.megalaw.com/il/top/illabor.php


So many variables and it is time to take the girls to dance class. But I do believe the workweek is 40 hours. The 5-day work week is just a thing we do, but I don't think it is a labor regulation.

 

[taylor1293]

http://www.state.il.us/agency/idol/laws/Law140.htm

That is a direct link to the One Day Rest in Seven Act.

You should contact the Illinois Dept. of Labor, they will be able to give you more information.

Teresa

 

[Chicago526]

Oh, he's getting time and a half, even THIS company isn't so stupid as to short people OT pay, infact he's also getting a $100 shift bonus for being in charge of the shift. But I thought that they had to give you at least 1 day off for every 7 you worked, or something like that. I tried to Google it but couldn't find anything official for IL.

 

[Lisa loves Pooh]

One Day of Rest in Seven Act (820 ILCS 140/1-9)
The One Day of Rest in Seven Act (ODRISA) allows employees 24 hours consecutive hours of rest in every calendar week. The law allows employers to secure permits from the Department to work employees the seventh day, provided that the employees have voluntarily agreed to work the seventh day.

Found it---must have 1 day off every 7-days unless employer has a permit and employee voluntarily agrees to work the 7th day.

CAll your local department of labor to report it and they will look into the matter.

 

[WIcruizer]

"Provides for employees a minimum of twenty four hours of rest in each calendar week and a meal period of 20 minutes for every 7 1/2 hour shift beginning no later than 5 hours after the start of the shift. "

He must have one full day off after working 6 days. And ad the others have suggested, he should be paid time and a half for any hours over 40. There are exceptions as Pooh said, consult the web site she referenced.

 

[Chicago526]

http://www.state.il.us/agency/idol/laws/Law140.htm

That is a direct link to the One Day Rest in Seven Act.

You should contact the Illinois Dept. of Labor, they will be able to give you more information.

Teresa

THANKS! That's exactly what I'm looking for!

Now to convince DH to enforce his rights. He doesn't want to rock the boat!

 

[WIcruizer]

Now to convince DH to enforce his rights. He doesn't want to rock the boat!

Now that's a different issue. If he wants to work for that employer, he may want to phrase it in a cooperative tone. As in...."you know this is not legal...no big deal...I was happy to help out. But in the future you may want to keep this in mind." This allows the employer to save face, and your DH won't have to go through a week like that again.

 

[Chicago526]

Now that's a different issue.

You don't have to tell me! DH and I almost got into a fight about it this morning, he kept saying that they CAN make him work, I told him I didn't think so and he wouldn't beleive me. I've printed it out and now I've got something in black and white to back me up. But I still can't make him stop working if he doesn't want to. I don't want him to turn down ALL the overtime, but I want him to take at least 1 day off per week. His health just can't take all this work with no break!

 

[Free4Life11]

Did they force him to work those three days or not? If it was voluntary, then they may not have broken any laws.

Nebraska is awful - I worked over 90 hours oin a two-week period Christmas break and got no overtime. Apparently movie theatres are exempt from paying overtime. I've never really understood the justification for that.

 

[N.Bailey]

Is he the only employee that they are forcing to work this many hours? If he's not, perhaps you could turn the company in anonymously and there wouldn't be any retribution because they'd only know one of the employees turned them in.

I'm not sure there would be an investigation if it was anonymous though, but it's something I'd want to find out if I were in your shoes. I don't think he should rock the boat either. He still has to go back and work there on a daily basis.

 

[Chicago526]

Did they force him to work those three days or not? If it was voluntary, then they may not have broken any laws.

Nebraska is awful - I worked over 90 hours oin a two-week period Christmas break and got no overtime. Apparently movie theatres are exempt from paying overtime. I've never really understood the justification for that.

Well, he said they did make him, so I'm taking him at his word. I'll talk to him more tonight when I get home. He's taking at least one day off next week, if I have to march down to the compnay myself and pitch a fit! No matter what he wants or what the company needs!

 

[Free4Life11]

If they made him, then that is just wrong; however, I think I'd be a little fearful of reporting it.

I know some jobs can fire you for any reason so they could make up some excuse when really they fire you for reporting them!!!

 

[Chicago526]

If they made him, then that is just wrong; however, I think I'd be a little fearful of reporting it.

I know some jobs can fire you for any reason so they could make up some excuse when really they fire you for reporting them!!!

I'd think he'd be protected as a "whistle blower" but you're right, by the time it got all sorted out it could be more work and worry than we need. But if he could imply to his boss that he knows his rights, maybe they'll back off a little on his schedule.