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  1. #1
    Join Date
    Jul 2008
    Posts
    7

    Lightbulb No Days Off, Period

    My question involves employment and labor law for the state of: Illinois
    However if it matters the company I am working for is based out of Michigan.

    Can an employer make an employee work every day and give no days off. My employer stated tonight when I confronted them about days off his response was " We Do Not Have To Give You Any Days Off At All, We Just Do It Cause We Try To Be Nice." Now I am a salaried employee and over for us is over 108 hours in 2 weeks. We are always usually on the road. I'm curious to know if anyone else has experienced this from an employer and what they did. From what I am told from legal friends is that it is a violation of federal labor law, just wanting to get some inputs and opinions about past problems.

    Thanks In Advance

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Days Off. PERIOD

    not a violation of federal labor law.

    I don't think it is a violation of Illinois state law either but I will check.

    Illinois does have a few laws. They appear to be job specific. What do you do?

  3. #3
    Join Date
    Jul 2008
    Posts
    7

    Default Re: No Days Off. PERIOD

    private investigator being that we are always on the road in my case putting in 15 hour shifts sometime. Theres just a lot of other things they try to force things on you some days we only get like 4 hours sleep calls all hours of the night. And i am an EMPLOYEE this is not my company. the company itself has a high turnover for this fact.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Days Off. PERIOD

    I honestly do not know if this law applies to you or not but here is the pertinent section addressing to whom it applies:

    (820 ILCS 140/2) (from Ch. 48, par. 8b)
    Sec. 2. Every employer shall allow every employee except those specified in this Section at least twenty‑four consecutive hours of rest in every calendar week in addition to the regular period of rest allowed at the close of each working day.
    This Section does not apply to the following:
    (1) Part‑time employees whose total work hours for one employer during a calendar week do not exceed 20; and
    (2) Employees needed in case of breakdown of machinery or equipment or other emergency requiring the immediate services of experienced and competent labor to prevent injury to person, damage to property, or suspension of necessary operation; and
    (3) Employees employed in agriculture or coal mining; and
    (4) Employees engaged in the occupation of canning and processing perishable agricultural products, if such employees are employed by an employer in such occupation on a seasonal basis and for not more than 20 weeks during any calendar year or 12 month period; and
    (5) Employees employed as watchmen or security guards; and
    (6) Employees who are employed in a bonafide executive, administrative, or professional capacity or in the capacity of an outside salesman, as defined in Section 12 (a) (1) of the federal Fair Labor Standards Act, as amended, and those employed as supervisors as defined in Section 2 (11) of the National Labor Relations Act, as amended; and
    (7) Employees who are employed as crew members of any uninspected towing vessel, as defined by Section 2101(40) of Title 46 of the United States Code, operating in any navigable waters in or along the boundaries of the State of Illinois.
    (Source: P.A. 92‑623, eff. 7‑11‑02.)
    If it applies, you either get time off or your employer applies for and exemption certificate and you must agree to it for it to be issued. I would suggest calling the Illinois Department of Labor. You may get caught up in the wathcmen or professional catagories which would mean the law does not apply and there is no rest for the weary investigator.

    If this law applies, you also must receive a lunch break. I would suggest asking the IDOL about that while you are speaking with them.\
    Sorry I couldn't help more.

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