Paperwork for working 7th http://theworkerscompensationdirectory.com/ day? Started by stephen83 , Jun 27 2013 08:29 AM Please log in to reply 3 replies to this topic 16 posts Posted 27 June 2013 - 08:29 AM I work and live in the state of Illinois. We work 12 hour shifts and there is currently a lot of overtime. The company I work for is telling us employees that you can not work your 7th day because if you do they will have to fill out some kind of paperwork because of the law. Do you know if there is a state or federal law that states you can only work 6 days, then you have to take a day off? Our shifts are kind of weird because our 7th day varies between Thursday or Friday. Meaning one week it's Thursday and the next week it is Friday. We do have a union but they have never heard of that. If there is a law that states this could you please tell me what law and where I can find it. Thank you for your help. Posted 27 June 2013 - 09:06 AM Sorry, but it doesn't make any difference whether there is a law or not.
If your employer says you don't work the 7th day, then you don't work the 7th day.
If he says it's the law he might be saying that just to avoid anybody giving him an argument.
Doesn't matter. Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk. 12,513 posts Posted 27 June 2013 - 09:18 AM This is an issue you may want to address with your union representative. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it. Disclosure: LegalStreet and FindLaw.com are owned by the same company.
15,678 posts Posted 29 June 2013 - 01:24 AM Do you know if there is a state or federal law that states you can only work 6 days, then you have to take a day off? Our shifts are kind of weird because our 7th day varies between Thursday or Friday. Meaning one week it's Thursday and the next week it is Friday.
The employer is correct. It's an Illinois state labor law called the ? One Day Rest in Seven Act, ? which states in relevant part:
(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.) <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/226338-paperwork-for-working-7th-day/