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Public Act 102-1012


 

Public Act 1012 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1012
 
SB3416 EnrolledLRB102 23340 SPS 32506 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The One Day Rest In Seven Act is amended by
changing Section 2 as follows:
 
    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
    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 calendar week in addition to the regular
period of rest allowed at the close of each working day.
    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
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:
        (1) Part-time employees whose total work hours for one
    employer during a calendar week do not exceed 20; and
        (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
        (3) Employees employed in agriculture or coal mining;
    and
        (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
        (5) Employees employed as watchmen or security guards;
    and
        (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
    amended, and those employed as supervisors as defined in
    Section 2 (11) of the National Labor Relations Act, as
    amended; and
        (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; and .
        (8) Employees for whom work hours, days of work, and
    rest periods are established through the collective
    bargaining process.
(Source: P.A. 99-758, eff. 1-1-17.)

Effective Date: 1/1/2023