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HB3485 Engrossed |
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LRB094 09272 WGH 41800 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The One Day Rest In Seven Act is amended by |
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| adding Section 3.1 as follows:
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| (820 ILCS 140/3.1 new) |
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| Sec. 3.1. Hotel room attendants. |
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| (a) As used in this Section, "hotel room attendant" means a |
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| person who cleans or puts in order guest rooms in a hotel or |
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| other establishment licensed for transient occupancy. |
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| (b) This Section applies only to hotels and
other |
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| establishments licensed for transient occupancy that are |
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| located in a county with a population greater than 3,000,000.
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| (c) Notwithstanding any other provision of law, every hotel |
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| room attendant shall receive a minimum of 2 15-minute paid rest |
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| breaks and one 30-minute meal period in each workday on which |
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| the hotel room attendant works at least 7 hours. An employer |
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| may not require any hotel room attendant to work during a break |
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| period. |
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| (d) Every employer of hotel room attendants shall make |
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| available at all times a room on the employer's premises with |
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| adequate seating and tables for the purpose of allowing hotel |
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| room attendants to enjoy break periods in a clean and |
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| comfortable environment. The room shall have clean drinking |
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| water provided without charge. |
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| (e) Each employer of hotel room attendants shall keep a |
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| complete and accurate record of the break periods of its hotel |
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| room attendants. |
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| (f) An employer who violates this Section shall pay to the |
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| hotel room attendant 3 times the hotel room attendant's regular |
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| hourly rate of pay for each workday during which the required |
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| breaks were not provided. |
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HB3485 Engrossed |
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LRB094 09272 WGH 41800 b |
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| (g) It is unlawful for any employer or an employer's agent |
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| or representative to take any action against any person in |
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| retaliation for the exercise of rights under this Section. In |
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| any civil proceeding brought under this subsection (f), if the |
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| plaintiff establishes that he or she was employed by the |
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| defendant, exercised rights under this Section, or alleged in |
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| good faith that the defendant was not complying with this |
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| Section, and was thereafter terminated, demoted, or otherwise |
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| penalized by the defendant, then a rebuttable presumption shall |
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| arise that the defendant's action was taken in retaliation for |
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| the exercise of rights established by this Section. To rebut |
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| the presumption, the defendant must prove that the sole reason |
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| for the termination, demotion, or penalty was a legitimate |
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| business reason. |
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| (h) In addition to the remedies provided in Sections 6 and |
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| 7, a person claiming violation of this Section shall be |
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| entitled to all remedies available under law or in equity, |
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| including but not limited to damages, back pay, reinstatement, |
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| or injunctive relief. Any person terminated in violation of |
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| this Section shall recover treble his or her lost normal daily |
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| compensation and fringe benefits, together with interest |
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| thereon, and any consequential damages suffered by the |
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| employee. The court shall award reasonable attorney's fees and |
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| costs to a prevailing plaintiff in an enforcement action under |
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| this Section.
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| Section 97. Severability. The provisions of this Act are |
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| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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