One Day Rest in Seven Act Amendments
The Illinois One Day Rest in Seven Act (the “Act”) was amended under S.B. 3146. The bill was signed into law and became Public Act 102-0828, which takes effect on January 1, 2023. Below are the changes that employers should be aware of.
Consecutive Seven-Day Period
Employers are currently required to provide non-exempt employees (viz. employees who are entitled to overtime compensation if they work in excess of 40 hours per week) with at least twenty-four consecutive hours of rest in every “calendar week.” The amendment deletes “calendar week” and instead provides that employers must allow non-exempt employees at least twenty-four consecutive hours of rest in every “consecutive seven-day period.”
The Act currently provides for a mandatory unpaid, twenty-minute meal break for any non-exempt employee who works 7.5 continuous hours or longer, which must be provided within the first five hours of work. The amendment now states that an “employee who works in excess of 7 ½ continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 ½ continuous hours worked.” The amendment also provides that the “meal period does not include reasonable time spent using restroom facilities.”
The Act was also amended by deleting that a violation of the Act is a “civil petty offense” and now a violation of the Act can result in a “civil penalty” up to $500 per offense. It is a “separate offense” for an employee not to be allowed 24 consecutive hours of rest or not being provided with the required meal periods under the Act.
The Act now requires employers to post a notice provided by the Illinois Department of Labor summarizing the requirements of the Act and information pertaining to the filing of a complaint. Employees who work remotely or travel for work can receive the notice by email or on a website regularly used by the employer to communicate work-related information that employees are able to regularly access, freely and without interference. Failure to provide the notice is a violation of the Act
Steps for Employers
Employers with non-exempt employees should reviews existing handbooks and policies to ensure compliance with the Act. The amendments to the Act are especially important to employers who employ workers that are regularly working overtime hours.
If you need legal assistance on a specific matter or would like a review of your forms, policies, or company practices concerning any of the new laws or requirements, please contact Donald S. Rothschild or Brian M. Dougherty.