Illinois General Assembly - Full Text of SB3146
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Full Text of SB3146  102nd General Assembly

SB3146enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3146 EnrolledLRB102 23984 SPS 33189 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The One Day Rest In Seven Act is amended by
5changing Sections 2, 3, and 7, adding Section 8.5, and
6renumbering Section 9 as follows:
 
7    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
8    Sec. 2. Hours and days of rest in every calendar week.
9    (a) Every employer shall allow every employee except those
10specified in this Section at least twenty-four consecutive
11hours of rest in every consecutive seven-day period calendar
12week in addition to the regular period of rest allowed at the
13close of each working day.
14    A person employed as a domestic worker, as defined in
15Section 10 of the Domestic Workers' Bill of Rights Act, shall
16be allowed at least 24 consecutive hours of rest in every
17consecutive seven-day period calendar week. This subsection
18(a) does not prohibit a domestic worker from voluntarily
19agreeing to work on such day of rest required by this
20subsection (a) if the worker is compensated at the overtime
21rate for all hours worked on such day of rest. The day of rest
22authorized under this subsection (a) should, whenever
23possible, coincide with the traditional day reserved by the

 

 

SB3146 Enrolled- 2 -LRB102 23984 SPS 33189 b

1domestic worker for religious worship.
2    (b) Subsection (a) does not apply to the following:
3        (1) Part-time employees whose total work hours for one
4    employer during a calendar week do not exceed 20; and
5        (2) Employees needed in case of breakdown of machinery
6    or equipment or other emergency requiring the immediate
7    services of experienced and competent labor to prevent
8    injury to person, damage to property, or suspension of
9    necessary operation; and
10        (3) Employees employed in agriculture or coal mining;
11    and
12        (4) Employees engaged in the occupation of canning and
13    processing perishable agricultural products, if such
14    employees are employed by an employer in such occupation
15    on a seasonal basis and for not more than 20 weeks during
16    any calendar year or 12 month period; and
17        (5) Employees employed as watchmen or security guards;
18    and
19        (6) Employees who are employed in a bonafide
20    executive, administrative, or professional capacity or in
21    the capacity of an outside salesman, as defined in Section
22    12 (a) (1) of the federal Fair Labor Standards Act, as
23    amended, and those employed as supervisors as defined in
24    Section 2 (11) of the National Labor Relations Act, as
25    amended; and
26        (7) Employees who are employed as crew members of any

 

 

SB3146 Enrolled- 3 -LRB102 23984 SPS 33189 b

1    uninspected towing vessel, as defined by Section 2101(40)
2    of Title 46 of the United States Code, operating in any
3    navigable waters in or along the boundaries of the State
4    of Illinois.
5(Source: P.A. 99-758, eff. 1-1-17.)
 
6    (820 ILCS 140/3)  (from Ch. 48, par. 8c)
7    Sec. 3. Every employer shall permit its employees who are
8to work for 7 1/2 continuous hours or longer, except those
9specified in this Section, at least 20 minutes for a meal
10period beginning no later than 5 hours after the start of the
11work period. An employee who works in excess of 7 1/2
12continuous hours shall be entitled to an additional 20-minute
13meal period for every additional 4 1/2 continuous hours
14worked. For purposes of this Section, a meal period does not
15include reasonable time spent using the restroom facilities.
16    This Section does not apply to employees for whom meal
17periods are established through the collective bargaining
18process.
19    This Section does not apply to employees who monitor
20individuals with developmental disabilities or mental illness,
21or both, and who, in the course of those duties, are required
22to be on call during an entire 8 hour work period; however,
23those employees shall be allowed to eat a meal during the 8
24hour work period while continuing to monitor those
25individuals.

 

 

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1    This Section does not apply to individuals who are
2employed by a private company and licensed under the Emergency
3Medical Services (EMS) Systems Act, are required to be on call
4during an entire 8-hour work period, and are not local
5government employees; however, those individuals shall be
6allowed to eat a meal during the 8-hour work period while on
7call.
8(Source: P.A. 100-1067, eff. 8-24-18.)
 
9    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
10    Sec. 7. Civil offense.
11    (a) Any employer who violates Sections 2, 3, or 3.1 any of
12the provisions of this Act, shall be guilty of a civil petty
13offense, and shall be subject to a civil penalty as follows:
14fined for each offense in a sum of not less than $25 nor more
15than $100.
16        (1) For an employer with fewer than 25 employees, a
17    penalty not to exceed $250 per offense, payable to the
18    Department of Labor, and damages of up to $250 per
19    offense, payable to the employee or employees affected.
20        (2) For an employer with 25 or more employees, a
21    penalty not to exceed $500 per offense, payable to the
22    Department of Labor, and damages of up to $500 per
23    offense, payable to the employee or employees affected.
24    (b) An offense under this Act shall be determined on an
25individual basis for each employee whose rights are violated.

 

 

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1        (1) Each week that an employee is found to not have
2    been allowed 24 consecutive hours of rest as required in
3    Section 2 shall constitute a separate offense.
4        (2) Each day that an employee is found not to have been
5    provided a meal period as required in Section 3 shall
6    constitute a separate offense.
7        (3) A violation of Section 8.5 shall constitute a
8    single offense, and is subject to a civil penalty not to
9    exceed $250 payable to the Department of Labor.
10    (c) The Director of Labor shall enforce this Act in
11accordance with the Illinois Administrative Procedure Act. The
12Director of Labor shall have the powers and the parties shall
13have the rights provided in the Illinois Administrative
14Procedure Act for contested cases, including, but not limited
15to, provisions for depositions, subpoena power and procedures,
16and discovery and protective order procedures.
17    (d) Any funds collected by the Department of Labor under
18this Act shall be deposited into the Child Labor and Day and
19Temporary Labor Services Enforcement Fund.
20(Source: P.A. 77-2418.)
 
21    (820 ILCS 140/8.5 new)
22    Sec. 8.5. Notification.
23    (a) Every employer covered by this Act shall post and keep
24posted, in one or more conspicuous places on the premises of
25the employer where notices to employees are customarily

 

 

SB3146 Enrolled- 6 -LRB102 23984 SPS 33189 b

1posted, a notice, to be provided by the Director of Labor,
2summarizing the requirements of this Act and information
3pertaining to the filing of a complaint. The Director of Labor
4shall provide copies of summaries and rules to employers upon
5request without charge.
6    (b) An employer with employees who do not regularly report
7to a physical workplace, and instead work remotely or travel
8for work, shall also provide the notice by email to its
9employees or on a website, regularly used by the employer to
10communicate work-related information, that all employees are
11able to regularly access, freely and without interference.
12    (c) Failure to provide notice as required by this Section
13shall be deemed a violation of this Act.
 
14    (820 ILCS 140/9)  (from Ch. 48, par. 8i)
15    Sec. 0.01 9. Short title. This Act may be cited as the One
16Day Rest In Seven Act.
17(Source: P.A. 86-1324)