Updates to One Day Rest in Seven Act
Are you familiar with Illinois' One Day Rest in Seven Act? Did you know that new requirements and penalties went into effect on January 1, 2023?
- Employees who work for 7.5 continuous hours (or longer) must have at least 20 minutes for a meal period no later than 5 hours after the start of the work period.
- NEW: Employees must be provided an additional 20-minute meal break if working a 12-hour shift (or longer)
- NEW: Reasonable bathroom breaks do not count towards the meal break
- NEW: Meal breaks to not apply to employees who meal periods are governed by collective bargaining agreements. If a collective bargaining agreement does not specify meal breaks, ODRISA provisions apply.
Example situation: If a work who is scheduled to work from 8am to 8pm, they must be allowed to take a first meal break before 1pm; and a second meal break before 6pm.
Day of Rest
- PRIOR: Every employer shall allow every employee at least twenty-four consecutive hours of rest every calendar week in addition to the regular period rest allowed at the close of each working day.
- NEW: Employees must have at least twenty-four consecutive hours of rest in every consecutive seven-day period in addition to the regular period of rest allowed at the close of each working day.
- NEW: Requirement does not apply to employees for whom work hours, days or work, and rest periods are governed by collective bargaining agreements.
Example: An employee is scheduled to be off on Tuesday, then work Wednesday through Monday. The employee must have that following Tuesday off because to work Wednesday through Tuesday would be considered seven consecutive days.
Notifications / Posters
- NEW: Employees must post these requirements in a conspicuous place on their premises and made electronically available for remote employees. Posters will be made available on the Illinois Department of Labor's website: https://labor.illinois.gov/employers/posters.html
- PRIOR: Any employer who violates the provisions of this Act shall be fined for each offense in a sum not less than $25 nor more than $100.
- NEW: For employers with fewer than 25 employees, the employer is subject to a penalty to the employee of up to $250 per offense and a penalty to the Department up to $250 per employee per offense.
- NEW: For employers with more than 25 employees, the employer is subject to a penalty to the employee of up to $500 per offense and a penalty to the Department up to $500 per worker per offense.
- NEW: Each day a meal is not provided to an employee and each 24 hours off within 7 consecutive days is not provided to an employee shall constitute a separate offense per employee.
SOURCE OF INFORMATION: https://labor.illinois.gov/content/dam/soi/en/web/idol/laws-rules/fls/documents/odrisa-amendments-01-01-2023.pdf