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Public Act 094-0593


 

Public Act 0593 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0593
 
HB3485 Enrolled LRB094 09272 WGH 41800 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
adding Section 3.1 as follows:
 
    (820 ILCS 140/3.1 new)
    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 (f), 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.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2005