September 28, 2022

Volume XII, Number 271

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September 27, 2022

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Illinois Excludes Employees Subject to CBA Provisions from ‘One Day Rest in Seven’ Requirements

Illinois had amended its “One Day Rest in Seven” Act (ODRISA) to impose additional meal period, day of rest, and notice requirements on employers, and to significantly increase the potential civil penalties for violations of the Act (see our article, Illinois Amends ‘One Day Rest in Seven’ Law, With Significant Revisions). A companion bill to these amendments, signed by Governor J.B. Pritzker on May 27, 2022, adds to the list of employees exempt from the law’s day-of-rest requirements those “for whom work hours, days of work, and rest periods are established through the collective bargaining process.”

Since its original enactment, ODRISA has exempted from its day-of-rest requirements certain categories of employees, including but not limited to individuals employed in a “bona fide executive, administrative, or professional capacity or in the capacity of an outside salesman” as defined under the Fair Labor Standards Act (FLSA); “supervisors,” as defined under the National Labor Relations Act (NLRA); and part-time employees who work 20 or fewer hours in a calendar week. The most recent amendment adds to this list employees subject to collective bargaining and tracks ODRISA’s existing language concerning meal periods, which provides that the meal period requirement “does not apply to employees for whom meal periods are established through the collective bargaining process.” For those employers with employees represented by a labor organization, this amendment may provide a basis to exempt bargained-for employees from the day-of-rest requirement. As with the other recent ODRISA amendments, the CBA exemption becomes effective on January 1, 2023.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 158
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About this Author

Kathryn Moran, Employment Attorney, Jackson Lewis Law Firm
Principal

Kathryn Montgomery Moran is a Principal and the Office Litigation Manager of the Chicago, Illinois, office of Jackson Lewis P.C. She has extensive litigation experience in individual and class action cases in state and federal courts and administrative agencies.

When disputes cannot be resolved by agreement or dismissed on technical grounds, Ms. Moran tries cases before juries, judges, administrative law judges and arbitrators. She has successfully defended employers accused of the following: age, sex, race, disability and...

312-787-4949
James D. Thomas Attorney Labor and Employment Lawyer Jackson Lewis
Principal

James D. Thomas is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. He concentrates his practice in the representation of employers in labor and employment matters.

Mr. Thomas regularly represents clients in federal and state courts. His practice includes counseling employers on labor and employment issues, defending labor and employment litigation, and negotiating and administering collective bargaining agreements. Mr. Thomas has experience involving claims for breach of contract; trade secret and restrictive covenant issues; sexual and...

312-787-4949
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