Illinois has enacted two sets of amendments to statutes that will impact employers on January 1, 2023. Businesses will need to review and potentially modify existing policies.
On May 13, 2022, Illinois Governor J.B. Pritzker signed Senate Bill 3146 into law, amending the One Day Rest In Seven Act (ODRISA). ODRISA was enacted to provide employees with a day of rest in each workweek and meal or rest breaks during daily work shifts.
The amendments to ODRISA redefine the period in which an employee is entitled to “twenty-four consecutive hours of rest” and include new meal break and employer notice obligations. The law also increases penalties on employers that violate the meal and rest break requirements.
The amendments do not alter the definitions of “employer” or “employee.” The statute continues to apply to employers with one or more employees in Illinois, and Section 2 of the statute regarding hours and days of rest continues to exclude enumerated categories of employees from coverage, including part-time employees whose total hours worked for one employer during a calendar week do not exceed 20 and employees who are employed in a bona fide executive, administrative, or professional capacity, or as an outside salesman, as defined by the federal Fair Labor Standards Act (FLSA). The amendments also add one new category of employees excluded from Section 2 coverage: “Employees for whom work hours, days of work, and rest periods are established...
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