On May 13, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill 3146 (the "Amendment"), amending the One Day Rest In Seven Act ("ODRISA"). The Amendment will go into effect on January 1, 2023.

Rest Days

The Amendment, once effective, will require employers to provide non-exempt employees with one 24-hour day of rest in every consecutive seven-day period.

ODRISA, as it currently stands, only requires employers to provide non-exempt employees with one day of rest within each calendar week (Sunday through Saturday). Thus, under the current version of the law, an employer can schedule an employee to work more than seven consecutive days. For instance, an employer could schedule an employee to work the Monday of Week One through the Friday of Week Two (twelve consecutive days), and still comply with the law. This will change once the Amendment becomes effective: a non-exempt employee must receive a day off within each consecutive seven-day period, regardless of where these days fall within the calendar week.

Meal Periods

The Amendment creates new requirements regarding employee meal breaks.

As ODRISA currently stands, employees are entitled to a 20-minute unpaid meal break for every 7.5 hours worked, to be provided within the first five hours of the 7.5 hour working period. However, the Amendment provides that after the first 7.5 hours of work, employees are entitled to an additional 20-minute unpaid meal break for each additional 4.5 hours worked. In effect, this...

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