The Illinois legislature recently amended the One Day Rest in Seven Act (“ODRISA”) giving non-exempt employees in Illinois more time to rest and eat effective on January 1, 2023. The legislation can be found by clicking here.

Covered Employers:         All employers with one or more employees in Illinois.

Covered Employees:         All full-time non-exempt employees (non-exempt employees means hourly or lower salaried workers who are not executive, administrative, professional, outside sales and certain skilled computer professionals).

Excluded Employees:

• Primarily part-time employees working 20 or less hours during a calendar week; and
• Bona fide executive, administrative, or professional capacity, or as an outside salesman, generally referred to as “exempt employees” as defined by the federal Fair Labor Standards Act (FLSA).

Rest Period Required:      At least twenty-four consecutive hours of rest in every consecutive seven-day period.

Meal Period Requirement:

• Employees who work for 7 1/2 continuous hours or more are entitled to at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period.
• Employees who work additional time over 7 ½ hours are entitled to an additional 20–minute meal period for every additional 4 1/2 continuous hours worked. For instance, any employee working a 12-hour period would be entitled to 2 meal 20 minute periods.

Penalties for Noncompliance:

• For employers with fewer than 25 employees, a penalty not to exceed $250 per offense, payable to the Department of Labor, and damages of up to $250 per offense, payable to the employee or employees affected.
• For employers with 25 or more employees, a penalty not to exceed $500 per offense, payable to the Department of Labor, and damages of up to $500 per offense, payable to the employee or employees affected.
• Each week where an employee has not been allowed a rest period is a separate offense.
• Each day an employee does not get the additional meal periods is a separate offense.

What Employers need to do:

1. Review your existing scheduling, timekeeping, break, and any other applicable policies to ensure compliance.
2. Post at the workplace a notice provided by the Illinois Department of Labor summarizing the requirements of ODRISA and information regarding filing a complaint. Click here to find the notice.

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The attorneys at Boodell & Domanskis are available to answer your questions about any general issues concerning your business.