820 ILCS 140/ One Day Rest In Seven Act.

(820 ILCS 140/0.01) (from Ch. 48, par. 8i)

Sec. 0.01. Short title. This Act may be cited as the One Day Rest In Seven Act.

(Source: P.A. 102-828, eff. 1-1-23.)

(820 ILCS 140/1) (from Ch. 48, par. 8a)

Sec. 1. The words and phrases mentioned in this section, as used in this Act, and in proceedings pursuant hereto shall, unless the same be inconsistent with the context, be construed as follows:

"Employer" shall mean a person, partnership, joint stock company or corporation, which employs any person to work, labor or exercise skill in connection with the operation of any business, industry, vocation or occupation.

(Source: P.A. 78-917.)

(820 ILCS 140/2) (from Ch. 48, par. 8b)

Sec. 2. Hours and days of rest in every consecutive seven-day period.

(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 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 consecutive seven-day period. 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. 102-828, eff. 1-1-23; 102-1012, eff. 1-1-23; 103-154, eff. 6-30-23.)

(820 ILCS 140/3) (from Ch. 48, par. 8c)

Sec. 3. Every employer shall permit its employees who are to work for 7 1/2 continuous hours, 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.

This Section does not apply to employees for whom meal periods are established through the collective bargaining process.

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 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.

(Source: P.A. 102-828, eff. 1-1-23.)

(820 ILCS 140/3.1)

Sec. 3.1. Hotel room attendants.

(a) As used in this Section, "hotel room attendant" means a person who cleans or puts in order guest rooms in a hotel or other establishment licensed for transient occupancy.

(b) This Section applies only to hotels and other establishments licensed for transient occupancy that are located in a county with a population greater than 3,000,000.

(c) Notwithstanding any other provision of law, every hotel room attendant shall receive a minimum of 2 15-minute paid rest breaks and one 30-minute meal period in each workday on which the hotel room attendant works at least 7 hours. An employer may not require any hotel room attendant to work during a break period.

(d) Every employer of hotel room attendants shall make available at all times a room on the employer's premises with adequate seating and tables for the purpose of allowing hotel room attendants to enjoy break periods in a clean and comfortable environment. The room shall have clean drinking water provided without charge.

(e) Each employer of hotel room attendants shall keep a complete and accurate record of the break periods of its hotel room attendants.

(f) An employer who violates this Section shall pay to the hotel room attendant 3 times the hotel room attendant's regular hourly rate of pay for each workday during which the required breaks were not provided.

(g) It is unlawful for any employer or an employer's agent or representative to take any action against any person in retaliation for the exercise of rights under this Section. In any civil proceeding brought under this subsection (g), if the plaintiff establishes that he or she was employed by the defendant, exercised rights under this Section, or alleged in good faith that the defendant was not complying with this Section, and was thereafter terminated, demoted, or otherwise penalized by the defendant, then a rebuttable presumption shall arise that the defendant's action was taken in retaliation for the exercise of rights established by this Section. To rebut the presumption, the defendant must prove that the sole reason for the termination, demotion, or penalty was a legitimate business reason.

(h) In addition to the remedies provided in Sections 6 and 7, a person claiming violation of this Section shall be entitled to all remedies available under law or in equity, including but not limited to damages, back pay, reinstatement, or injunctive relief. Any person terminated in violation of this Section shall recover treble his or her lost normal daily compensation and fringe benefits, together with interest thereon, and any consequential damages suffered by the employee. The court shall award reasonable attorney's fees and costs to a prevailing plaintiff in an enforcement action under this Section.

(Source: P.A. 96-328, eff. 8-11-09.)

(820 ILCS 140/4) (from Ch. 48, par. 8d)

Sec. 4. Before operating on the first day of the week, which is commonly known as Sunday, every employer shall post in a conspicuous place on the premises, a schedule containing a list of his employees who are required or allowed to work on Sunday, and designating the day of rest for each. Anything in this Act to the contrary notwithstanding, no employee shall be required to work on the day of rest so designated for him.

(Source: P.A. 80-1294.)

(820 ILCS 140/5) (from Ch. 48, par. 8e)

Sec. 5. Every employer shall keep a time book showing the names and addresses of all employees and the hours worked by each of them on each day, and such time book shall be open to inspection at all reasonable hours by the Director of Labor.

(Source: P.A. 78-917.)

(820 ILCS 140/6) (from Ch. 48, par. 8f)

Sec. 6. The Director of Labor shall be charged with the duty of enforcing the provisions of this Act and prosecuting all violations thereof and may make, promulgate and enforce such reasonable rules and regulations relating to the administration and enforcement of the provisions of this Act as may be deemed expedient. The violation of any rule or regulations so prescribed shall be deemed a violation of the Act.

(Source: P.A. 80-1294.)

(820 ILCS 140/7) (from Ch. 48, par. 8g)

Sec. 7. Civil offense.

(a) Any employer who violates Sections 2, 3, or 3.1 shall be guilty of a civil offense, and shall be subject to a civil penalty as follows:

(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. 102-828, eff. 1-1-23.)

(820 ILCS 140/8) (from Ch. 48, par. 8h)

Sec. 8. The Director of Labor shall grant permits authorizing the employment of persons on days of rest designated pursuant to Section 4 of this Act. Such permits shall not authorize the employment of persons for 7 days a week for more than 8 weeks in any one year, unless the Director finds that the necessity for employment of persons on their designated day of rest cannot be remedied by increasing the number of employees or by adjusting production schedules. The Director of Labor shall give due consideration to business necessity and economic viability in granting such permits.

(Source: P.A. 80-1294.)

(820 ILCS 140/8.5)

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.

(Source: P.A. 102-828, eff. 1-1-23.)

(820 ILCS 140/9) (from Ch. 48, par. 8i)

Sec. 9. (Renumbered).

(Source: Renumbered by P.A. 102-828, eff. 1-1-23.)