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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The One Day Rest In Seven Act is amended by | ||||||
| 5 | adding Section 3.1 as follows: | ||||||
| 6 | (820 ILCS 140/3.1 new) | ||||||
| 7 | Sec. 3.1. Hotel room attendants. | ||||||
| 8 | (a) As used in this Section, "hotel room attendant" means a | ||||||
| 9 | person who cleans or puts in order guest rooms in a hotel or | ||||||
| 10 | other establishment licensed for transient occupancy. | ||||||
| 11 | (b) This Section applies only to hotels and
other | ||||||
| 12 | establishments licensed for transient occupancy that are | ||||||
| 13 | located in a county with a population greater than 3,000,000.
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| 14 | (c) Notwithstanding any other provision of law, every hotel | ||||||
| 15 | room attendant shall receive a minimum of 2 15-minute paid rest | ||||||
| 16 | breaks and one 30-minute meal period in each workday on which | ||||||
| 17 | the hotel room attendant works at least 7 hours. An employer | ||||||
| 18 | may not require any hotel room attendant to work during a break | ||||||
| 19 | period. | ||||||
| 20 | (d) Every employer of hotel room attendants shall make | ||||||
| 21 | available at all times a room on the employer's premises with | ||||||
| 22 | adequate seating and tables for the purpose of allowing hotel | ||||||
| 23 | room attendants to enjoy break periods in a clean and | ||||||
| 24 | comfortable environment. The room shall have clean drinking | ||||||
| 25 | water provided without charge. | ||||||
| 26 | (e) Each employer of hotel room attendants shall keep a | ||||||
| 27 | complete and accurate record of the break periods of its hotel | ||||||
| 28 | room attendants. | ||||||
| 29 | (f) An employer who violates this Section shall pay to the | ||||||
| 30 | hotel room attendant 3 times the hotel room attendant's regular | ||||||
| 31 | hourly rate of pay for each workday during which the required | ||||||
| 32 | breaks were not provided. | ||||||
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| 1 | (g) It is unlawful for any employer or an employer's agent | ||||||
| 2 | or representative to take any action against any person in | ||||||
| 3 | retaliation for the exercise of rights under this Section. In | ||||||
| 4 | any civil proceeding brought under this subsection (f), if the | ||||||
| 5 | plaintiff establishes that he or she was employed by the | ||||||
| 6 | defendant, exercised rights under this Section, or alleged in | ||||||
| 7 | good faith that the defendant was not complying with this | ||||||
| 8 | Section, and was thereafter terminated, demoted, or otherwise | ||||||
| 9 | penalized by the defendant, then a rebuttable presumption shall | ||||||
| 10 | arise that the defendant's action was taken in retaliation for | ||||||
| 11 | the exercise of rights established by this Section. To rebut | ||||||
| 12 | the presumption, the defendant must prove that the sole reason | ||||||
| 13 | for the termination, demotion, or penalty was a legitimate | ||||||
| 14 | business reason. | ||||||
| 15 | (h) In addition to the remedies provided in Sections 6 and | ||||||
| 16 | 7, a person claiming violation of this Section shall be | ||||||
| 17 | entitled to all remedies available under law or in equity, | ||||||
| 18 | including but not limited to damages, back pay, reinstatement, | ||||||
| 19 | or injunctive relief. Any person terminated in violation of | ||||||
| 20 | this Section shall recover treble his or her lost normal daily | ||||||
| 21 | compensation and fringe benefits, together with interest | ||||||
| 22 | thereon, and any consequential damages suffered by the | ||||||
| 23 | employee. The court shall award reasonable attorney's fees and | ||||||
| 24 | costs to a prevailing plaintiff in an enforcement action under | ||||||
| 25 | this Section. | ||||||
| 26 | Section 97. Severability. The provisions of this Act are | ||||||
| 27 | severable under Section 1.31 of the Statute on Statutes.
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| 28 | Section 99. Effective date. This Act takes effect upon | ||||||
| 29 | becoming law.
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