Legal Question in Employment Law in Illinois

I am a kiosk manager at a mall who is required to work 45 hours a week with:

- no overtime pay

- no lunch and bathroom breaks in a 7.8 - 8 hour day and up to 12 hours when I work overtime.

I receive a bi-weekly salary of $850

I stand on my feet the whole day..Is this legal?


Asked on 3/27/10, 10:33 am

2 Answers from Attorneys

Betty Tsamis Tsamis Law Firm PC

It depends. What you describe appears to be a violation of the Fair Labor Standards Act. If proven, not only will you be entitled to your backpay but to a penalty amount equal to the pay that is owed plus attorney fees.

Please feel free to contact me to discuss.

Betty Tsamis

(312) 827-7973

[email protected]

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Answered on 4/01/10, 12:49 pm
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am an attorney that handles labor and employment law issues in Illinois and Missouri.

This is pretty disturbing to hear and appears to be a violation of the Fair Labor Standards Act. A few additional details are relevant, however. One issue is whether the policy of no breaks and also no pay for overtime is stated anywhere in writing. For example, whether there is some type of employee manual or guidebook. If not in writing, were these rules told to you by a supervisor or another co-worker?

Also, another detail that could open the door to an additional type of potential claim would be if they are treating certain workers differently than others. These details would be important to know to make an assessment of this situation. Thanks.

For your convenience, I can be reached via e-mail at [email protected].

NOTE: This information is for educational purposes only and does not constitute legal advice. The use of this site does not create an attorney-client privilege or relationship between the user and the attorney responding.

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Answered on 4/01/10, 9:17 pm


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