September 26, 2022

Volume XII, Number 269

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September 23, 2022

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Stricter Requirements Added to Illinois One Day Rest in Seven Act

On May 13, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill 3146 (the “Amendment”), amending the One Day Rest In Seven Act (“ODRISA”).  The Amendment will go into effect on January 1, 2023.

Rest Days

The Amendment, once effective, will require employers to provide non-exempt employees with one 24-hour day of rest in every consecutive seven-day period.

ODRISA, as it currently stands, only requires employers to provide non-exempt employees with one day of rest within each calendar week (Sunday through Saturday).  Thus, under the current version of the law, an employer can schedule an employee to work more than seven consecutive days.  For instance, an employer could schedule an employee to work the Monday of Week One through the Friday of Week Two (twelve consecutive days), and still comply with the law.  This will change once the Amendment becomes effective:  a non-exempt employee must receive a day off within each consecutive seven-day period, regardless of where these days fall within the calendar week.

Meal Periods

The Amendment creates new requirements regarding employee meal breaks.

As ODRISA currently stands, employees are entitled to a 20-minute unpaid meal break for every 7.5 hours worked, to be provided within the first five hours of the 7.5 hour working period. However, the Amendment provides that after the first 7.5 hours of work, employees are entitled to an additional 20-minute unpaid meal break for each additional 4.5 hours worked.  In effect, this means employees who work 12 hours (7.5 hours plus 4.5 hours) will be entitled to two 20-minute meal periods, whereas prior to the Amendment, employees would not be eligible for a second meal break unless they worked 15 hours (7.5 hours plus 7.5 hours).

Notice Requirement

The Amendment requires that employers notify their employees about their rights under ODRISA.  A notice reflecting the amended law will be provided by the Illinois Department of Labor.

Penalties

The Amendment increases the penalties for ODRISA violations.

Currently, ODRISA violations are considered petty offenses, punishable by a fine of up to $100 per offense.  Under the Amendment, ODRISA violations will be considered civil offenses, with fines up to $250 per offense for employers with less than 25 employees, and fines up to $500 per offense for employers with 25 employees or more.  An “offense” is determined on an individual basis for each employee whose rights are violated, and includes each week an employee is not allowed 24 hours of rest within a seven-day period, and each day that an employee is not provided a required meal period.

Employers will also be required to pay damages to affected employees of up to $250 per offense for employers with less than 25 employees and damages up to $500 per offense for employers with 25 or more employees.  The Amendment, however, does not create a private right of action for employee recovery under ODRISA.

Employer Takeaways

Employers should revisit their scheduling and meal policies accordingly to ensure compliance with the Amendment by January 1, 2023.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 151
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About this Author

Steven J Pearlman, Labor Employment Law Firm, Proskauer Law firm
Partner

Steven Pearlman is a partner in the Labor & Employment Law Department and co-head of the firm's Whistleblowing & Retaliation Group, resident in the Chicago office. Steven’s practice focuses on defending complex employment litigation involving claims of discrimination and harassment, wage-and-hour laws and breaches of restrictive covenants (e.g., non-competition agreements). He has successfully tried cases to verdict before judges and juries in Illinois, Florida and California, and defended what is reported to be the largest Illinois-only class action in the history of the U.S....

312-962-3545
Alyssa M. Cook Attorney Proskauer Labor and Employment Chicago
Associate

Alyssa Cook is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

312-962-3596
Edward C. Young, Proskauer Rose, Harassment Lawyer, Labor Rights Attorney
Associate

Edward C. Young is an associate in the Labor & Employment Law Department. He represents companies nationwide in a broad range of employment issues, including discrimination, retaliation and harassment claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and the Family Medical Leave Act, as well as other federal and state employment statutes and various common law torts. In addition, Eddie represents employers in trade secret matters and challenges to the independent contractor status of workers.

...

312-962-3595
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