HB2952 103RD GENERAL ASSEMBLY

LRB103 00026 SPS 45026 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2952

Introduced 2/16/2023, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

820 ILCS 140/3

from Ch. 48, par. 8c

Amends the One Day Rest In Seven Act. Provides that every employer shall permit its employees who are to work for 7 1/2 continuous hours at least 30 minutes (rather than 20 minutes) for a meal period beginning no later than 5 hours after the start of the work period. Provides that an employee who works in excess of 7 1/2 continuous hours shall be entitled to an additional 30-minute (rather than 20-minute) meal period for every additional 4 1/2 continuous hours worked.

A BILL FOR

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 3 as follows:

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

(Text of Section before amendment by P.A. 102-828)

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.

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. 100-1067, eff. 8-24-18.)

(Text of Section after amendment by P.A. 102-828)

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 30 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 30-minute 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.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.