On May 13, 2022, Illinois Governor J.B. Pritzker signed into law SB3146, amending the provisions of the Illinois One Day Rest in Seven Act (ODRISA), which addresses both day of rest and meal break requirements for employees in the state. Fortunately for employers, the amendments do not take effect until January 1, 2023, so there is plenty of time for Illinois employers to make sure their policies and process conform to these changes, which are significant.
First, the amendments revise the interval at which employees must receive a day off. Currently, a covered employee (for ODRISA’s day-of-rest provisions, this means non-exempt employees) need only be provided one day of rest within any given calendar week. Thus, an employer is compliant if it schedules an employee to get Sunday off in week one, work the next 12 days, and then have the following Saturday off, as the employee would not work seven days in either calendar week. Under the new amendments, however, the employee must be given one day of rest in “every consecutive seven-day period.” Therefore, beginning January 1, 2023, employers have to make sure that they provide this day of rest every rolling seven days or will otherwise have to obtain waivers from the Illinois Department of Labor to allow the employees to work more than six consecutive days.
Second, the amendments will provide for a 20-minute meal break for the first 7.5 hours worked, and then another 20-minute break for each additional 4.5-hour period worked...
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