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Public Act 102-0828


 

Public Act 0828 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0828
 
SB3146 EnrolledLRB102 23984 SPS 33189 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
changing Sections 2, 3, and 7, adding Section 8.5, and
renumbering Section 9 as follows:
 
    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
    Sec. 2. Hours and days of rest in every calendar week.
    (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 calendar
week 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 calendar week. 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.
(Source: P.A. 99-758, eff. 1-1-17.)
 
    (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 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. 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. 100-1067, eff. 8-24-18.)
 
    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
    Sec. 7. Civil offense.
    (a) Any employer who violates Sections 2, 3, or 3.1 any of
the provisions of this Act, shall be guilty of a civil petty
offense, and shall be subject to a civil penalty as follows:
fined for each offense in a sum of not less than $25 nor more
than $100.
        (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. 77-2418.)
 
    (820 ILCS 140/8.5 new)
    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.
 
    (820 ILCS 140/9)  (from Ch. 48, par. 8i)
    Sec. 0.01 9. Short title. This Act may be cited as the One
Day Rest In Seven Act.
(Source: P.A. 86-1324)

Effective Date: 1/1/2023