On January 1, 2023, the amendments to the Illinois One Day Rest in Seven Act (“ODRISA”) took effect, and the changes are significant. Employers with one or more employees in Illinois should take note of these new amendments to avoid costly penalties.

New Rest Breaks

The amended ODRISA requires covered employers to provide non-exempt employees with a minimum of 24 hours of rest within every consecutive seven-day period. Prior to January 1, 2023, the ODRISA required employers to provide eligible employees with at least twenty-four consecutive hours of rest in every “calendar week,” which was defined as Sunday from 12:01 a.m. to midnight on the following Saturday.

The Illinois Department of Labor (“IDOL”) gave the following example on its website: An employee is scheduled to be off on Tuesday and work Wednesday through Monday. The employee must have that following Tuesday off because to work Wednesday through Tuesday is considered seven consecutive days.

New Meal Breaks

The amended ODRISA also requires employers to provide non-exempt employees with a meal period of at least 20 minutes for every 7.5-hour shift beginning no later than five hours after the start of the shift, with an additional 20-minute meal period if working a 12-hour shift or longer. Employers must also provide these employees with reasonable restroom breaks in addition to the meal break. Prior to January 1, 2023, the ODRISA required employers to give employees a 20-minute unpaid meal break for every 7.5...

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