On May 13, 2022, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 3146, an amendment to the One Day Rest In Seven Act (ODRISA). ODRISA provides meal breaks to all employees and a consecutive twenty-four hour rest period to most employees. The amendments are effective January 1, 2023.
New Definition of the Consecutive Twenty-Four Hour Rest Period
Currently, employers are required to provide most employees with at least twenty-four consecutive hours of rest in every “calendar week,” which is defined as Sunday at 12:01 a.m. to midnight on Saturday. The amendment has deleted “calendar week” and instead provides that beginning next year, employers must allow most employees “at least twenty-four consecutive hours of rest in every consecutive seven-day period.”
Additional Meal Breaks
ODRISA also requires a mandatory unpaid twenty-minute meal break for any employee who is to work for seven-and-one-half continuous hours or longer, which must be provided within the first five hours of work.
The amendment provides that “[a]n employee who works in excess of 7 continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 continuous hours worked.” (Emphasis added.) The amendment specifies that “a meal period does not include reasonable time spent using the restroom facilities.”
New Notification Requirements
The amended ODRISA will require employers to “post and keep posted, in one or more conspicuous places” where notices are customarily...
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