Illinois General Assembly - Full Text of SB3146
Illinois General Assembly

Previous General Assemblies

Full Text of SB3146  102nd General Assembly


Sen. Celina Villanueva

Filed: 1/31/2022





10200SB3146sam001LRB102 23984 SPS 35562 a


2    AMENDMENT NO. ______. Amend Senate Bill 3146 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The One Day Rest In Seven Act is amended by
5changing Sections 2, 3, and 7, adding Section 8.5, and
6renumbering Section 9 as follows:
7    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
8    Sec. 2. Hours and days of rest in every calendar week.
9    (a) Every employer shall allow every employee except those
10specified in this Section at least twenty-four consecutive
11hours of rest in every consecutive seven-day period calendar
12week in addition to the regular period of rest allowed at the
13close of each working day.
14    A person employed as a domestic worker, as defined in
15Section 10 of the Domestic Workers' Bill of Rights Act, shall
16be allowed at least 24 consecutive hours of rest in every



10200SB3146sam001- 2 -LRB102 23984 SPS 35562 a

1consecutive seven-day period calendar week. This subsection
2(a) does not prohibit a domestic worker from voluntarily
3agreeing to work on such day of rest required by this
4subsection (a) if the worker is compensated at the overtime
5rate for all hours worked on such day of rest. The day of rest
6authorized under this subsection (a) should, whenever
7possible, coincide with the traditional day reserved by the
8domestic worker for religious worship.
9    (b) Subsection (a) does not apply to the following:
10        (1) Part-time employees whose total work hours for one
11    employer during a calendar week do not exceed 20; and
12        (2) Employees needed in case of breakdown of machinery
13    or equipment or other emergency requiring the immediate
14    services of experienced and competent labor to prevent
15    injury to person, damage to property, or suspension of
16    necessary operation; and
17        (3) Employees employed in agriculture or coal mining;
18    and
19        (4) Employees engaged in the occupation of canning and
20    processing perishable agricultural products, if such
21    employees are employed by an employer in such occupation
22    on a seasonal basis and for not more than 20 weeks during
23    any calendar year or 12 month period; and
24        (5) Employees employed as watchmen or security guards;
25    and
26        (6) Employees who are employed in a bonafide



10200SB3146sam001- 3 -LRB102 23984 SPS 35562 a

1    executive, administrative, or professional capacity or in
2    the capacity of an outside salesman, as defined in Section
3    12 (a) (1) of the federal Fair Labor Standards Act, as
4    amended, and those employed as supervisors as defined in
5    Section 2 (11) of the National Labor Relations Act, as
6    amended; and
7        (7) Employees who are employed as crew members of any
8    uninspected towing vessel, as defined by Section 2101(40)
9    of Title 46 of the United States Code, operating in any
10    navigable waters in or along the boundaries of the State
11    of Illinois.
12(Source: P.A. 99-758, eff. 1-1-17.)
13    (820 ILCS 140/3)  (from Ch. 48, par. 8c)
14    Sec. 3. Every employer shall permit its employees who are
15to work for 7 1/2 continuous hours or longer, except those
16specified in this Section, at least 20 minutes for a meal
17period beginning no later than 5 hours after the start of the
18work period. An employee who works in excess of 7 1/2
19continuous hours shall be entitled to an additional 20-minute
20meal period for every additional 4 1/2 continuous hours
21worked. For purposes of this Section, a meal period does not
22include reasonable time spent using the restroom facilities.
23    This Section does not apply to employees for whom meal
24periods are established through the collective bargaining



10200SB3146sam001- 4 -LRB102 23984 SPS 35562 a

1    This Section does not apply to employees who monitor
2individuals with developmental disabilities or mental illness,
3or both, and who, in the course of those duties, are required
4to be on call during an entire 8 hour work period; however,
5those employees shall be allowed to eat a meal during the 8
6hour work period while continuing to monitor those
8    This Section does not apply to individuals who are
9employed by a private company and licensed under the Emergency
10Medical Services (EMS) Systems Act, are required to be on call
11during an entire 8-hour work period, and are not local
12government employees; however, those individuals shall be
13allowed to eat a meal during the 8-hour work period while on
15(Source: P.A. 100-1067, eff. 8-24-18.)
16    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
17    Sec. 7. Civil offense.
18    (a) Any employer who violates any of the provisions of
19this Act, shall be guilty of a civil petty offense, and shall
20be subject to a civil penalty of up to $500 per offense,
21payable to the Department of Labor, and damages of up to $500
22per offense, payable to the employee or employees affected.
23Each employee whose rights are violated under this Act shall
24constitute a separate offense. Each week that an employee is
25found to not have been allowed 24 consecutive hours of rest as



10200SB3146sam001- 5 -LRB102 23984 SPS 35562 a

1required in Section 2 shall constitute a separate offense.
2Each day that an employee is found not to have been provided a
3meal period as required in Section 3 shall constitute a
4separate offense fined for each offense in a sum of not less
5than $25 nor more than $100.
6    (b) The Director of Labor shall enforce this Act in
7accordance with the Illinois Administrative Procedure Act. The
8Director of Labor shall have the powers and the parties shall
9have the rights provided in the Illinois Administrative
10Procedure Act for contested cases, including, but not limited
11to, provisions for depositions, subpoena power and procedures,
12and discovery and protective order procedures.
13    (c) Any Funds collected by the Department of Labor under
14this Act shall be deposited into the Child Labor and Day and
15Temporary Labor Services Enforcement Fund.
16(Source: P.A. 77-2418.)
17    (820 ILCS 140/8.5 new)
18    Sec. 8.5. Notification.
19    (a) Every employer covered by this Act shall post and keep
20posted, in one or more conspicuous places on the premises of
21the employer where notices to employees are customarily
22posted, a notice, to be provided by the Director of Labor,
23summarizing the requirements of this Act and information
24pertaining to the filing of a complaint. The Director of Labor
25shall provide copies of summaries and rules to employers upon



10200SB3146sam001- 6 -LRB102 23984 SPS 35562 a

1request without charge.
2    (b) An employer with employees who do not regularly report
3to a physical workplace, and instead work remotely or travel
4for work, shall also provide the notice by email to its
5employees or on a website, regularly used by the employer to
6communicate work-related information, that all employees are
7able to regularly access, freely and without interference.
8    (c) Failure to provide notice as required by this Section
9shall be deemed a violation of this Act.
10    (820 ILCS 140/9)  (from Ch. 48, par. 8i)
11    Sec. 0.01 9. Short title. This Act may be cited as the One
12Day Rest In Seven Act.
13(Source: P.A. 86-1324)".