Title:56 Part:220

AUTHORITY: Implementing and authorized by "An Act to promote the public health and comfort of persons employed by providing for one day of rest in seven" (Ill. Rev. Stat. 1983, ch. 48, pars. 8a et seq.)

SOURCE: Adopted at 2 Ill. Reg. 6, p. 38, effective January 31, 1979; codified at 8 Ill. Reg. 18478; emergency amendment at 44 Ill. Reg. 5775, effective March 20, 2020, for a maximum of 150 days; emergency expired August 16, 2020.

SUBPART A: DEFINITIONS

Section 220.100 Definition of the Act

As used herein the term Act shall mean "An Act to promote the public health and comfort of persons employed by providing for one day of rest in seven" (Ill. Rev. Stat. 1977, ch. 48, pars. 8a et seq.) as amended.

Section 220.105 Director

As used herein the term Director shall mean the Director of the Illinois Department of Labor and his authorized representative.

Section 220.110 Year

As used herein the word year shall mean the calendar year, i.e., the period from January 1^st through December 31^st of each year.

Section 220.115 Week

As used herein the term week shall mean seven consecutive twenty-four hour periods starting at 12:01 A.M. Sunday morning and ending at midnight of the following Saturday night.

Section 220.120 Permit

As used herein the term permit shall mean the license granting an employer authority to work an employee the seventh day of the week.

Section 220.125 Defining the word required in the phrase "no employee shall be required to work", Section 4 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, Section 8d)

As used herein said work required shall mean that all such work on the seventh day of the week must be voluntary on the part of the employee involved. With the exception of the exemptions under Section 2(1) through (6) of the Act, (Illinois Revised Statutes, 1977, Chapter 48, pars. 8b (1) through (6)), no employee can be required to work on their designated day of rest.

Section 220.130 Employee

Employee shall include any individual permitted or suffered to work by an employer as defined in the Act.

Section 220.135 Time Book

The 'Time Book' as required in Section 5 of the Act, (Illinois Revised Statutes, 1977, chapter 48, par. 8e) can be any accurate record of hours worked each day and each work week, i.e., time clock card, time card, time book, time sheet, or other suitable record.

Section 220.140 Agriculture

Agriculture includes farming in all of its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 15 (g) of the U.S. Agricultural Marketing Act, as amended (7 U.S.C. 1621 et seq.)), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market, but not the operation of processing such commodities and any activities subsequent to such operation. The phrase 'incident to or in conjunction with' shall not include construction by a private contractor of farm buildings on a farm.

Section 220.145 Emergency under Section 2of the Act (Illinois Revised Statutes 1977, Chapter 48, Section 8b(2))

a) The word Emergency as used herein shall mean a sudden, urgent, unforeseen occurrence or occasion requiring immediate action. An emergency under this section of the Act shall not include the call in of employees on their designated ay of rest to replace those scheduled but failing to report for work.

b) Duration of emergency: The emergency condition shall remain in effect until repairs made necessary by the emergency have been completed.

SUBPART B: LENGTH AND NUMBER OF PERMITS

Section 220.200 Permits

a) A permit shall be required during any week in which one or more employees, not excluded in Section 2 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, par. 8b), work all seven days of the week.

b) Permits for eight weeks of the year shall be granted without justification of necessity.

c) Permits in excess of eight weeks in a year shall require justification of necessity as follows:

1) A statement that the necessity cannot be remedied by increasing the number of employees or by adjusting work scheduled and

2) Business necessity and economic conditions making such a request necessary.

SUBPART C: RESPONSIBILITIES OF EMPLOYERS

Section 220.300 Written requests for permits

An employer desiring a licensing shall submit to the Director in written form a request for each permit. Such request shall contain the following:

a) A statement that all employees involved are in fact volunteers.

b) The anticipated number and skills of said employees.

c) Number of days covered by the permit including inclusive dates and hourly times starting on Sunday.

d) A statement that no person possessing skills in subsection (b) above is laid off.

Section 220.305 Telephone requests for permits

Such requests to the Director shall be honored; however, the employer shall within two working days of the telephone call forward to the Director a letter consistent with the requirements in Section 220.300.

Section 220.310 Record of permits

Employers shall retain for two years and make available to the Director upon request letters and related correspondence granting permits.

SUBPART D: RESPONSIBILITIES OF THE DIRECTOR

Section 220.400 Notice to the employer

The Director shall, upon granting a permit, forward to the employer a written confirmation of such permit containing the information in Section 220.300(c).

SUBPART E: TIMELINESS OF EMPLOYER REQUESTS

Section 220.500 Written request for permits

A letter requesting same must be received by the Director not later than the Friday preceding the first effective day of the permit.

Section 220.505 Telephonic requests

Within a week that employees have worked on Sunday and a likelihood exists that the same employees will be working all seven days of that week, telephonic requests in Section 220.305 must be received by the Director not later than Friday of said week.

SUBPART F: CANCELLATION OF PERMIT

Section 220.600 Procedure

An employer failing to use a granted permit or portion thereof can cancel same by written notification to the Director not later than seven working days after the expiration of the permit.

SUBPART G: POSTING OF SCHEDULES

Section 220.700 Deadline for posting

Schedules required by Section 4 of the Act, (Illinois Revised Statutes, 1977, chapter 48, par. 8d) shall be posted not later than 12:00 noon on the Friday preceding the Sunday to be worked.

SUBPART H: MEAL PERIOD

Section 220.800 Employees working in excess of 7½ hours

The meal period required in Section 3 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, par. 8C) shall be required in each continuous 7½ hour period worked by an employee.

SUBPART I: VIOLATIONS: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS:

Section 220.900 Failure to provide the required day of rest

A violation of Section 2 of the Act, (Illinois Revised Statutes, 1977, chapter 48, Par. 8B), shall be charged for each employee during each week in which the employee works seven days of the calendar week when no permit authorizing work on the designated day of rest has been granted by the Director.

Section 220.905 Meal Period

A violation of Section 3 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, par. 8C), shall be charged for each work period as defined in Section 220.800 herein during which an employee is not permitted a meal period of at least 20 minutes.

Section 220.910 Posting of Schedule

One violation shall be charged for each week the schedule required by Section 4 of the Act, (Illinois Revised Statutes, 1977, chapter 48, par. 8D) is not posted as provided in Section 220.700.

Section 220.915 Non-voluntary work

A violation shall be charged under Section 4 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, par. 8d) for each week an employee is required to work on the designated day of rest.

Section 220.920 Time Records

One violation shall be charged for each employee upon whom adequate time records are not maintained as provided in Section 5 of the Act, (Illinois Revised Statutes, 1977, chapter 48, par. 8e) and Section 220.135 herein.

Section 220.925 Permits

One violation shall be charged for each week an employer allows his employees to work on their designated day of rest without a permit as prescribed in Section 8 of the Act, (Illinois Revised Statutes, 1977, chapter 48, par. 8h), and Section 220.200 (a) herein.

Section 220.930 Inspection of permits

The failure of an employer to produce for inspection such letter as required in Subpart D above shall be prima facie evidence that employees are working seven days per week in violation of Section 2 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, par. 8b).

SUBPART J: APPLICABILITY OF THE ILLINOIS ADMINISTRATIVE PROCEDURE ACT

Section 220.1000 Denial, suspension or revocation of permits

The provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, pars. 1001 et seq.) shall apply to the denial, suspension and revocation of permits authorized under Section 8 of the Act, (Ill. Rev. Stat. 1977, ch. 48, par. 8h).

SUBPART K: HEARING PROCESS

Section 220.1100 Procedure and timetable

a) The Director shall advise in writing each employer for whom a permit has been denied, suspended, or revoked of the hearing process.

b) The employer may within 21 days of the denial, suspension or revocation request an informal office hearing.

c) If the informal hearing does not resolve the problem, the employer will have the opportunity to request, within 21 days of the informal hearing, a formal hearing under the provisions of the Illinois Administrative Procedure Act.