Megan Toth, Labor & Employment Partner, Seyfarth Shaw LLP

Seyfarth Shaw LLP
233 S. Wacker Drive
Chicago, IL 60606

http://www.seyfarth.com

Illinois One Day Rest in Seven Act (ODRISA)

  • Illinois’ One Day Rest in Seven Act (ODRISA) was amended May 13, 2022 and the amendments will go into effect January 1, 2023.
  • The law and the amendments apply to all Illinois employers and nearly all employees, except for a number of limited exceptions, including for example:
    • part time employee working less than 20 hours a week (2) employees in certain business critical roles (3) supervisors as defined by the NLRA and (4) employees working in an administrative, executive or professional capacity and outside sales employees as defined under the FLSA.
  • With the 2023 amendments, there are four significant changes that are important for employers to be aware of:
    • The current requirement to provide a 24 hour rest period within a seven calendar day period — has now changed to require a 24 hour rest period in any 7 consecutive day period — which means employees cannot be working more than 6 days in a row.
    • The law now requires employers to provide an additional 20 minute meal period to employees working 12 or more hours in a shift.  Currently, the law only required one 20 minute meal period for every 7.5 hours worked, which would only result in two meal breaks for employees working 15 hours shifts.
    • There is a new notice requirement — employers are required to post a notice in the physical workplace and provide notice by email or an electronically accessible platform for remote employees that summarizing their rights under the law.
    • And most significantly … there are enhanced penalties for non-compliance.  Currently any violation of the law is deemed a “petty offence” and carries a $100 per offense fine.  Under the amendments, any violation is considered a “civil offense” and there is a $250-$500 per offense fine (depending on the employers size) plus damages payable to the employees in the same amount per offense.  And offense is defined as any day that an employee does not receive the proper meal break and any seven day period where they are not provided a 24 hour break.