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| Public Act 102-0828 | ||||
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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 | ||||
changing Sections 2, 3, and 7, adding Section 8.5, and | ||||
renumbering Section 9 as follows:
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(820 ILCS 140/2) (from Ch. 48, par. 8b)
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Sec. 2. Hours and days of rest in every calendar week. | ||||
(a) Every employer shall allow every employee except those | ||||
specified
in this
Section at least twenty-four consecutive | ||||
hours of rest in every consecutive seven-day period calendar
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week in addition to the regular period of rest allowed at the | ||||
close of each
working day.
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A person employed as a domestic worker, as defined in | ||||
Section 10 of the Domestic Workers' Bill of Rights Act, shall | ||||
be allowed at least 24 consecutive hours of rest in every | ||||
consecutive seven-day period calendar week. This subsection | ||||
(a) does not prohibit a domestic worker from voluntarily | ||||
agreeing to work on such day of rest required by this | ||||
subsection (a) if the worker is compensated at the overtime | ||||
rate for all hours worked on such day of rest. The day of rest | ||||
authorized under this subsection (a) should, whenever | ||||
possible, coincide with the traditional day reserved by the | ||||
domestic worker for religious worship. | ||
(b) Subsection (a) does not apply to the following:
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(1) Part-time employees whose total work hours for one | ||
employer during a
calendar week do not exceed 20; and
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(2) Employees needed in case of breakdown of machinery | ||
or equipment or
other emergency requiring the immediate | ||
services of experienced and
competent labor to prevent | ||
injury to person, damage to property, or
suspension of | ||
necessary operation; and
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(3) Employees employed in agriculture or coal mining; | ||
and
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(4) Employees engaged in the occupation of canning and | ||
processing
perishable agricultural products, if such | ||
employees are employed by an
employer in such occupation | ||
on a seasonal basis and for not more than 20
weeks during | ||
any calendar year or 12 month period; and
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(5) Employees employed as watchmen or security guards; | ||
and
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(6) Employees who are employed in a bonafide | ||
executive, administrative,
or professional capacity or in | ||
the capacity of an outside salesman, as
defined in Section | ||
12 (a) (1) of the federal Fair Labor Standards Act, as
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amended, and those employed as supervisors as defined in | ||
Section 2 (11) of
the National Labor Relations Act, as | ||
amended; and
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(7) Employees who are employed as crew members of any | ||
uninspected towing
vessel, as defined by Section 2101(40) | ||
of Title 46 of the United States Code,
operating in any | ||
navigable waters in or along the boundaries of the State | ||
of
Illinois.
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(Source: P.A. 99-758, eff. 1-1-17.)
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(820 ILCS 140/3) (from Ch. 48, par. 8c)
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Sec. 3.
Every employer shall permit its employees who are | ||
to work for 7 1/2
continuous hours or longer, except those | ||
specified in this Section, at
least 20 minutes for a meal | ||
period beginning no later than 5 hours after
the start of the | ||
work period. An employee who works in excess of 7 1/2 | ||
continuous hours shall be entitled to an additional 20-minute | ||
meal period for every additional 4 1/2 continuous hours | ||
worked. For purposes of this Section, a meal period does not | ||
include reasonable time spent using the restroom facilities.
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This Section does not apply to employees for whom meal | ||
periods are
established through the collective bargaining | ||
process.
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This Section does not apply to employees who monitor | ||
individuals with
developmental disabilities or mental illness, | ||
or both, and who, in the course
of those duties, are required | ||
to be on call during an entire 8 hour work
period; however, | ||
those employees shall be allowed to eat a meal during the 8
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hour work period while continuing to monitor those | ||
individuals. | ||
This Section does not apply to individuals who are | ||
employed by a private company and licensed under the Emergency | ||
Medical Services (EMS) Systems Act, are required to be on call | ||
during an entire 8-hour work period, and are not local | ||
government employees; however, those individuals shall be | ||
allowed to eat a meal during the 8-hour work period while on | ||
call.
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(Source: P.A. 100-1067, eff. 8-24-18.)
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(820 ILCS 140/7) (from Ch. 48, par. 8g)
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Sec. 7. Civil offense. | ||
(a) Any employer who violates Sections 2, 3, or 3.1 any of | ||
the provisions of this Act, shall be
guilty of a civil petty | ||
offense, and shall be subject to a civil penalty as follows: | ||
fined for each offense in a sum of
not less than $25 nor more | ||
than $100.
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(1) For an employer with fewer than 25 employees, a | ||
penalty not to exceed $250 per offense, payable to the | ||
Department of Labor, and damages of up to $250 per | ||
offense, payable to the employee or employees affected. | ||
(2) For an employer with 25 or more employees, a | ||
penalty not to exceed $500 per offense, payable to the | ||
Department of Labor, and damages of up to $500 per | ||
offense, payable to the employee or employees affected. | ||
(b) An offense under this Act shall be determined on an | ||
individual basis for each employee whose rights are violated. | ||
(1) Each week that an employee is found to not have | ||
been allowed 24 consecutive hours of rest as required in | ||
Section 2 shall constitute a separate offense. | ||
(2) Each day that an employee is found not to have been | ||
provided a meal period as required in Section 3 shall | ||
constitute a separate offense. | ||
(3) A violation of Section 8.5 shall constitute a | ||
single offense, and is subject to a civil penalty not to | ||
exceed $250 payable to the Department of Labor. | ||
(c) The Director of Labor shall enforce this Act in | ||
accordance with the Illinois Administrative Procedure Act. The | ||
Director of Labor shall have the powers and the parties shall | ||
have the rights provided in the Illinois Administrative | ||
Procedure Act for contested cases, including, but not limited | ||
to, provisions for depositions, subpoena power and procedures, | ||
and discovery and protective order procedures. | ||
(d) Any funds collected by the Department of Labor under | ||
this Act shall be deposited into the Child Labor and Day and | ||
Temporary Labor Services Enforcement Fund. | ||
(Source: P.A. 77-2418.)
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(820 ILCS 140/8.5 new) | ||
Sec. 8.5. Notification. | ||
(a) Every employer covered by this Act shall post and keep | ||
posted, in one or more conspicuous places on the premises of | ||
the employer where notices to employees are customarily | ||
posted, a notice, to be provided by the Director of Labor, | ||
summarizing the requirements of this Act and information | ||
pertaining to the filing of a complaint. The Director of Labor | ||
shall provide copies of summaries and rules to employers upon | ||
request without charge. | ||
(b) An employer with employees who do not regularly report | ||
to a physical workplace, and instead work remotely or travel | ||
for work, shall also provide the notice by email to its | ||
employees or on a website, regularly used by the employer to | ||
communicate work-related information, that all employees are | ||
able to regularly access, freely and without interference. | ||
(c) Failure to provide notice as required by this Section | ||
shall be deemed a violation of this Act.
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(820 ILCS 140/9) (from Ch. 48, par. 8i)
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Sec. 0.01 9. Short title. This Act may be cited as the
One | ||
Day Rest In Seven Act.
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(Source: P.A. 86-1324)
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