Employers operating in Illinois should be aware that as of January 2023, they will be required to provide additional rest and meal breaks to most non-exempt employees. On May 13, 2022, Illinois Governor J.B. Pritzker signed into effect an amendment to the state’s One Day Rest In Seven Act (ODRISA). Not only does the amendment mandate additional break time for employees under certain circumstances, but it also imposes notice requirements on employers and increases penalties and available monetary damages for violations of ODRISA.
Substantively, the ODRISA amendment mandates that employers provide additional rest and meal break times to employees.
Rest Breaks – ODRISA currently requires employers to provide covered employees with one day of rest during every “calendar week” (i.e., from Sunday through Saturday). Under the amendment, employers must provide employees with one day of rest for every consecutive seven-day period, without regard to when these days fall during the typical “workweek.” Practically, the amendment will make it illegal to schedule an employee for more than six consecutive days.
Meal Breaks – ODRISA currently requires employers to provide employees with an unpaid 20-minute meal break for every 7 hours worked, to be taken within the first 5 working hours of the 7 hour period. Employers will also be required to provide employees with an additional 20-minute meal break for every 4 hours worked beyond an initial 7 hours. The...
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